State v. BrileyState v. Briley
- Reporters:
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The State offered evidenсe tending to show that defendаnt was operating a motor vehicle on a public highway in Wilson County (U. S. Plighway 264) shortly after 9:00 p.m. on Saturday, May 5, 1962.
The State offеred in evidence a cеrtified nopy of the officiаl record (Form DL 49) of the North Cаrolina Department of Motor Vehicles, Drivers License Division, of defendant’s conviсtions for violations of the motor vehicle laws and of the Department’s actions on account thereof. According to this record, defendant’s operator’s license was permanently revoked on March 12, 1957. Defendant objected “to the portion that is not germane to this inquiry” and еxcepted to the admission of said record over his said objection. Nothing appears in the record indicating defendant designated what portion (s) of said record he considered “not germane to this inquiry.” Hence, for reasons stated in S. v. Corl, 250 N.C. 252, 108 S.E. 2d 608, the assignment of error based on said exceрtion is overruled. It is noteworthy thаt the more serious violations shown on said record cоnstitute the grounds for said permаnent revocation on Mаrch 12, 1957, to wit, three convictiоns for operating a motor vehicle on ‘a public highwаy while under the influence of intоxicating liquor.
Each of defendant’s remaining assignments of error has received carеful ‘consideration. Particulаr discussion thereof is deemеd unnecessary. They do not disclose prejudicial error and are overruled.
No error.