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STATE v. SMITH

No. 271PA84.

323 S.E.2d 316 (1984)

312 N.C. 361

STATE of North Carolina v. Eileen M. SMITH.

Supreme Court of North Carolina.

December 4, 1984.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Isaac T. Avery, III, Sp. Deputy Atty. Gen., David Roy Blackwell, Asst. Atty. Gen., and W. Dale Talbert, Asst. Atty. Gen., Raleigh, for the State.

Haywood, Carson & Merryman by Lyle J. Yurko, J. Marshall Haywood, Eben T. Rawls, and Joseph L. Ledford, Charlotte, for defendant-appellant.

MITCHELL, Justice.

The defendant was charged under N.C. G.S. § 20-138.1 with the offense of impaired driving. Prior to trial the defendant filed and served a motion to suppress an affidavit prepared pursuant to N.C.G.S. § 20-139.1(e), contending that its admission into evidence would violate her right to confrontation. Following a hearing in District Court, Judge W. Terry Sherrill denied the motion. Upon the defendant's petition to Superior Court for a writ...

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