STATE v. GRANT

No. 101.

182 S.E.2d 400 (1971)

279 N.C. 337

STATE of North Carolina v. James Robert GRANT.

Supreme Court of North Carolina.

July 30, 1971.


Attorney(s) appearing for the Case

William D. McNaull, Jr., Charlotte, for defendant appellant.

Robert Morgan, Atty. Gen., William W. Melvin and T. Buie Costen, Asst. Attys. Gen., for the State.


HUSKINS, Justice:

Defendant contends the warrantless search of the automobile was illegal in that (1) it was not a search incident to a lawful arrest, and (2) it was not a search by consent of the defendant. Hence, defendant argues, the fruits of the search were tainted and inadmissible in evidence against him.

There was evidence to show, and the trial court found on voir dire, that the owner of the car consented to the search of the trunk. We are bound by...

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