STATE v. McCABE

No. 68SC33.

161 S.E.2d 42 (1968)

1 N.C. App. 237

STATE of North Carolina v. Ralph Harrell McCABE.

Court of Appeals of North Carolina.

May 15, 1968.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., William W. Melvin, Asst. Atty. Gen., and T. Buie Costen, Staff Atty., for the State.

Braswell & Strickland, by, Thomas E. Strickland, Goldsboro, for defendant appellant.


CAMPBELL, Judge.

It is to be noted that Troopers J. S. Irving, T. A. Baker, and P. C. Eure all testified that in their opinion the defendant was under the influence of some intoxicating beverage to an appreciable extent.

The only question presented is whether or not a breathalyzer test may be administered under these circumstances without first advising the accused that he has the right to refuse to take the test.

In our opinion and we so hold the...

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