State v. Knight, 253 N.C. 430 (1960)

Nov. 23, 1960 · Supreme Court of North Carolina
253 N.C. 430

STATE OF NORTH CAROLINA v. LEON M. KNIGHT.

(Filed 23 November, 1960.)

Appeal from Hobgood, J., August 1960 Term, of Lee.

This is a criminal action. The warrant charges that defendant, Leon M. Knight, on 16 May 1960 operated a motor vehicle on a public highway while under the influence of intoxicating liquor. From a verdict of guilty and judgment entered thereon in the County Criminal Court of Lee County defendant appealed to Superior Court.

In Superior Court there was a trial de novo. Plea: not guilty. Verdict: guilty. Judgment: prison sentence, suspended on conditions. Defendant appeals.

*431 Attorney General Bruton and Assistant Attorney General McGal-liard for the State.

Gavin, Jackson, Gavin & Williams for defendant.

PER Cueiam.

Exceptions to the charge of the court are without merit. The evidence was sufficient to make out a case for the jury. In the trial we find no prejudicial error.

No error.