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247 N.C. 125

State v. Wood

Supreme Court of North Carolina

Decided November 6, 1957

Supreme Court of North Carolina · decided 1957-11-06

Cited by 3 later decisions — most recently May 1961

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1957-11-06

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Per Curiam:

¶1The question is: Did the court err in denying defendant’s motions for judgment as of nonsuit, and in failing to direct a verdict of not guilty as to the charges in the warrants.

¶2The case on appeal discloses stipulation between counsel for defendant and the Solicitor of the State (1) that on 5 June, 1957, defendant’s operator’s license had been suspended by the Department of Motor Vehicles for the State, and had been re*127voked permanently; and (2) that prior to said date defendant had been convicted three times for driving motor vehicles upon the public highways of the State of North Carolina while under the influence of intoxicating liquor. And defendant, as witness for himself, testified that he was “pretty drunk at the time was pretty high and appreciably under the influence of intoxicating liquor,” — though he denied that he was driving on public highway.

¶3In the light of this stipulation, and testimony of witnesses for the State and testimony of defendant, taken in the light most favorable to the State, the evidence is of sufficient probative force to support the verdict rendered by the jury.

¶4Hence in judgment from which appeal is taken, there is

¶5No error.

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