STATE v. UPCHURCH

No. 743.

148 S.E.2d 259 (1966)

267 N.C. 417

STATE v. Lucious Stargal UPCHURCH.

Supreme Court of North Carolina.

May 25, 1966.


Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Charles D. Barham, Jr., and Staff Atty. Wilson B. Partin, Jr., Raleigh, for the State.

Blackwell M. Brogden, Durham, for defendant.


EMERY B. DENNY, Emergency Justice.

The defendant's first assignment of error is directed to the failure of the court below to sustain his motion to suppress the State's evidence with respect to the purported lottery tickets on the ground that such evidence was obtained under an illegal search warrant.

The trial judge, in the absence of the jury, heard evidence bearing on the circumstances under which the search warrant was issued. Officer A. L. Hight testified...

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