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North Carolina v. Beasley11/19/1991
e center line, and that he was speeding. Additionally, a highway patrolman noted that defendant smelled of alcohol, that defendant swayed as he stood, that defendant had glassy eyes, and that there were empty beer cans in defendant's car. The evidence further shows that the officer had ample opportunity to observe defendant and defendant's driving, and that the officer formed an opinion that defendant was impaired. Clearly, this evidence was sufficient to take the case to the jury. Defendant's argument is without merit.
Defendant contends the trial court erred by refusing to allow him to introduce on redirect examination evidence of his character as a law-abiding citizen and particularly his character for abiding by traffic laws. This argument is technically not reviewable since defendant failed to present for the record what the evidence would have been. State v. Pearson, 59 N.C. App. 87, 295 S.E.2d 499 (1982), disc. review denied, 307 N.C. 472, 299 S.E.2d 227 (1983). Even so, we have reviewed the argument and can find no error. Redirect examination is limited to clarifying the subject matter of direct examination or addressing matters raised during cross-examination. Id. Because the matters defendant sought to testify about on redirect examination were not raised during direct examination and defendant's prior criminal history was not introduced during cross-examination, the trial court did not abuse its discretion in refusing to allow the testimony.
Finally, defendant argues that the trial court erred by instructing the jury on flight. Defendant cites no authority in support of his argument and fails to show the instruction was in any way improper.
We hold defendant had a fair trial, free from prejudicial error.
No error.
Disposition
No error.
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