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STATE v. MILLER

No. 4.

99 S.E.2d 795 (1957)

246 N.C. 608

STATE v. Charles MILLER.

Supreme Court of North Carolina.

September 18, 1957.

Attorney(s) appearing for the Case

George B. Patton, Atty. Gen., Harry W. McGalliard, Asst. Atty. Gen., for the State.

Hamrick & Hamrick, Rutherfordton, for defendant, appellant.

JOHNSON, Justice.

The defendant's assignments of error challenge the correctness of the rulings of the trial court in (1) refusing to suppress the State's evidence and (2) overruling the motion for judgment as of nonsuit. Since the motion for nonsuit was based on the contention that all the evidence was obtained in the course of an illegal search and therefore incompetent, the pivotal question presented by the appeal is...

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