STATE v. CRISP

No. 7320SC552.

199 S.E.2d 155 (1973)

19 N.C. App. 456

STATE of North Carolina v. Fred Carroll CRISP, III and Carolyn Frances Mottinger.

Court of Appeals of North Carolina.

September 19, 1973.


Attorney(s) appearing for the Case

Atty. Gen., Robert Morgan, by Associate Atty., E. Thomas Mattox, Jr., Raleigh, for the State.

Casey & Daly, P. A. by George S. Daly, Jr., and W. G. Jones, Charlotte, for defendants.


CAMPBELL, Judge.

The defendants assert that the marijuana found in the home where they resided was illegally obtained by an inadequate search warrant. The search warrant was issued upon an affidavit of Deputy Sheriff Roy Chaney. Deputy Sheriff Chaney testified that he did not acquaint the magistrate who issued the search warrant with any information other than as contained in the affidavit.

The question presented therefore is whether the affidavit to obtain...

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