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STATE v. TAYLOR

No. 7529SC354.

217 S.E.2d 713 (1975)

27 N.C. App. 38

STATE of North Carolina v. Robert Norris TAYLOR.

Court of Appeals of North Carolina.

September 3, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Attys. Gen. William B. Ray and William W. Melvin, Raleigh, for the State.

Hamrick & Hamrick by J. Nat Hamrick, Rutherfordton, for defendant-appellant.

BRITT, Judge.

The sole assignment of error brought forward and argued in defendant's brief relates to the following instruction to the jury:

"Now, there's evidence in this case which tends to show that a chemical test known as the breathalyzer was given to this defendant. If you should find from the evidence and beyond a reasonable doubt that the chemical test indicated one-tenth of 1% or more by weight of alcohol...

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