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STATE v. BELK

Nos. 262, 263 and 272-B.

150 S.E.2d 481 (1966)

268 N.C. 320

STATE v. Thurlow BELK. STATE v. Curtis PEARSON, Jr. STATE v. Fred BERRY, Jr.

Supreme Court of North Carolina.

October 19, 1966.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Asst. Atty. Gen. George A. Goodwyn for the State.

Charles B. Merryman, Jr., Winston-Salem, for defendant Thurlow Belk.

James J. Caldwell, Charlotte, for defendant Curtis Pearson, Jr.

Francis O. Clarkson, Jr., Charlotte, for defendant Fred Berry, Jr.

BRANCH, Justice.

Defendants contend that the trial court erred in denying their motions to suppress the evidence derived from the search of the automobile and in allowing testimony in reference thereto. In considering this contention it becomes necessary to first consider the case against defendant Fred Berry, Jr., the driver in possession and control of the automobile.

As to defendant Berry: In the case of State v. Moore, 240 N.C. 749

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