State v. Howard

Jan 12, 1968

832

Versions:272 N.C. 519

158 S.E.2d 350

1968 N.C. LEXIS 693

PER OüRIAm.

The State’s evidence showing the defendant’s intoxication and the inference of terrific speed arising from the physical facts make out a case of culpable negligence. State v. Cope, 204 N.C. 28, 167 S.E. 456. The motions for directed verdict were properly overruled.

The Court’s finding, inserted in the record, that the evidence of the physician was necessary to a proper administration of justice, takes the physician’s evidence out of the privileged communication *521 rule provided in G.S. 8-53. The time the finding is inserted in the record, under the facts here disclosed, is not deemed material.

No error.