STATE v. GLAZE

No. 7429SC840.

210 S.E.2d 124 (1974)

24 N.C. App. 60

STATE of North Carolina v. Devoyd Eugene GLAZE.

Court of Appeals of North Carolina.

December 4, 1974.


Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr., by Associate Atty. Gen. James Wallace, Jr., Raleigh, for the State.

Robert C. Powell, Gastonia, for the defendant-appellant.


BROCK, Chief Judge.

Because the findings of fact made by the trial judge do not specifically deal with the issue of the voluntariness of defendant's consent to the search of the car, defendant contends that they are insufficient to hold the fruits of the search admissible.

"When a prosecutor seeks to rely upon consent to justify the lawfulness of a search, he has the burden of proving that the consent was, in fact, freely and voluntarily given." Bumper v....

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