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STATE v. McMILLIAM

No. 291.

92 S.E.2d 202 (1956)

243 N.C. 771

STATE v. James McMILLIAM (McMiller) and Bettle Lee McMilliam (McMiller).

Supreme Court of North Carolina.

April 18, 1956.

Attorney(s) appearing for the Case

C. W. Beaman, Snow Hill, for defendants-appellants.

William B. Rodman, Jr., Atty. Gen., and T. W. Bruton, Asst. Atty. Gen., for the State.

PARKER, Justice.

Upon the call of the case for trial, and before pleading to the indictment, the defendants made a motion to suppress the State's evidence, for the reason that the State's evidence was procured by an unlawful search warrant, or secured without a search warrant, and was, therefore, incompetent as evidence. The court stated that it would reserve its ruling on the motion, until after the State had rested its case. Whereupon, the defendants entered pleas...

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