STATE v. JENNINGS

No. 7218SC626.

192 S.E.2d 46 (1972)

16 N.C. App. 205

STATE of North Carolina v. Randolph JENNINGS et al.

Court of Appeals of North Carolina.

Appeal Dismissed December 5, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. James E. Magner and Associate Atty. Gen. Rolf F. Haskell, for the State.

Public Defender, Eighteenth Judicial District, Wallace C. Harrelson and Asst. Public Defender Dale Shepherd, for defendants appellants.


Appeal Dismissed by Supreme Court December 5, 1972.

MALLARD, Chief Judge.

Defendants assign as error the conclusions of the trial court as a matter of law, based upon findings of fact, made on a voir dire hearing that no search warrant was necessary for the search of the premises at 612 Hulda Street and that the items seized pursuant to the search were admissible in evidence. Defendants rely on cases which hold that a search incident to an arrest is not permissible...

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