STATE v. WHITE

No. 76.

92 S.E.2d 404 (1956)

244 N.C. 73

STATE v. Almeta WHITE.

Supreme Court of North Carolina.

May 2, 1956.


Attorney(s) appearing for the Case

J. Wayland Sledge, New Bern, for defendant, appellant.

William B. Rodman, Jr., Atty. Gen., and Harry W. McGalliard, Asst. Atty. Gen., for the State.


DEVIN, Justice.

The statute, G.S. § 15-27, provides that a search warrant shall not be signed or issued by any officer without first requiring the complainant or other person "to sign an affidavit under oath and examining said person or complainant in regard thereto"; and further that "no facts discovered by reason of the issuance of such illegal search warrant shall be competent as evidence in the trial of any action."

In the instant case no affidavit...

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