(Filed 23 September, 1964.)
Appeal by defendant from May, Special Judge, March 9, 1964, Session of CRAVEN.
Defendant was tried in Craven Superior Court on a bill of indictment charging that defendant, on June 29, 1963, in said county, “unlawfully and willfully did drive a motor vehicle upon the public highways of North Carolina while under the influence of intoxicating liquor and narcotic drugs,” etc. The jury returned a verdict of guilty as charged. Thereupon, the court pronounced judgment in which a prison sentence was imposed but suspended on specified conditions. Defendant appealed.
Attorney General Bruton and Deputy Attorney General McGalliard for the State.
Charles L. Abemethy, Jr., for defendant appellant.
Per Curiam.
The evidence, when considered in the light most favorable to the State, was sufficient to require submission to the jury and to support the verdict; and careful consideration of each of defendant’s assignments of error fails to disclose any error of law for which a new trial should be awarded. The determinative issue was one of fact; and, after a trial free from prejudicial error, the jury, upon conflicting evidence, resolved the crucial issue against defendant.
No error.