{
  "id": 8552994,
  "name": "STATE OF NORTH CAROLINA v. MARY MacKAY EDWARDS",
  "name_abbreviation": "State v. Edwards",
  "decision_date": "1970-10-21",
  "docket_number": "No. 7010SC430",
  "first_page": "602",
  "last_page": "603",
  "citations": [
    {
      "type": "official",
      "cite": "9 N.C. App. 602"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T14:50:15.842675+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Morris and Graham concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. MARY MacKAY EDWARDS"
    ],
    "opinions": [
      {
        "text": "BROCK, Judge.\nDefendant assigns as error the portion of the instructions to the jury which defines the term \u201cunder the influence.\u201d The able and learned trial judge properly defined the term for the jury, but he then proceeded to define it again as follows:\n\u201cA person is under the influence of intoxicants if he has consumed a sufficient amount to make him or her think or act differently than he otherwise would have done, regardless of what the amount was that he consumed. One is under the influence if his mind and muscles do not normally coordinate, or if he is abnormal in any degree from the consumption of intoxicants.\u201d\nThe foregoing instruction was error and we are not at liberty to speculate that the jury accepted and applied the correct definition.\nNew trial.\nJudges Morris and Graham concur.",
        "type": "majority",
        "author": "BROCK, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Morgan by Assistant Attorney General Costen, for the State.",
      "Hubert H. Senter for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. MARY MacKAY EDWARDS\nNo. 7010SC430\n(Filed 21 October 1970)\nAutomobiles \u00a7\u00a7 120, 129\u2014 drunken driving prosecution \u2014 erroneous definition of under the influence\nIn a drunken driving prosecution, the trial court\u2019s instruction that a person is under the influence of intoxicants if he has consumed a sufficient amount to make him think or act differently than he otherwise would have done, regardless of the amount that he consumed, and that one is under the influence if his mind and muscles do not normally coordinate or if he is abnormal in any degree, held reversible error.\nAppeal by defendant from Bailey, J., 16 March 1970 Session, Wake Superior Court.\nDefendant was tried upon a warrant in District Court and found guilty of operating a motor vehicle upon a public highway on 9 December 1969 while under the influence of intoxicating liquor in violation of G.S. 20-138. She appealed to the Superior Court where she was tried de novo upon the warrant. From a jury verdict of guilty and judgment of confinement entered thereon, defendant appealed to this Court.\nAttorney General Morgan by Assistant Attorney General Costen, for the State.\nHubert H. Senter for defendant."
  },
  "file_name": "0602-01",
  "first_page_order": 626,
  "last_page_order": 627
}