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STATE v. JOHNSON

No. 7626SC41.

225 S.E.2d 650 (1976)

29 N.C. App. 698

STATE of North Carolina v. Gregory JOHNSON.

Court of Appeals of North Carolina.

June 16, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. James Wallace, Jr., Raleigh, for the State.

Lindsey, Schrimsher, Erwin, Bernhardt & Hewitt by Lawrence W. Hewitt, Charlotte, for defendant-appellant.

CLARK, Judge.

This appeal presents one issue: Did the trial court err in denying defendant's motion to suppress the admission in evidence of three bags of heroin taken from his person without a search warrant?

Before 1937 the North Carolina Supreme Court had ruled that evidence, though obtained as a result of an illegal search, was admissible. State v. Fowler, 172 N.C. 905, 90 S.E. 408 (1916). In Chapter 339 of the 1937 Public Laws of North Carolina...

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