State v. Murchison, 209 N.C. 849 (1936)

March 18, 1936 · Supreme Court of North Carolina
209 N.C. 849

STATE v. LEE MURCHISON.

(Filed 18 March, 1936.)

Appeal by defendant from Sinclair, J., at November Term, 1935, of Harnett.

Criminal prosecution, tried upon warrant charging the defendant with operating a motor vehicle β€œon the public highways of North Carolina in a careless and reckless manner, while drunk,” etc.

Yerdict: Guilty.

Judgment: That defendant pay a fine of $10.00 and costs.

Defendant appeals, assigning errors.

*850 Attorney-General Seawell and Assistant Attorneys-General McMullan and Bruton for the State.

Neill McK. Salmon for defendant.

Per Curiam.

While strongly controverted, there was some evidence of reckless driving as defined in the statute, section 3, ch. 148, Public Laws 1927; hence, the demurrer to the evidence, or motion to nonsuit, was properly overruled. S. v. Cope, 204 N. C., 28, 167 S. E., 456.

The other exceptions are without substantial merit.

No error.