STATE v. GAINES

No. 7612SC861.

234 S.E.2d 42 (1977)

33 N.C. App. 66

STATE of North Carolina v. Virgil Lee GAINES.

Court of Appeals of North Carolina.

April 20, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Jack Cozort, Raleigh, for the State.

Asst. Public Defender John A. Decker, Fayetteville, for defendant-appellant.


BRITT, Judge.

Defendant first assigns as error the denial of his motion to suppress the evidence obtained pursuant to the search. This assignment is without merit.

Defendant concedes that the search warrant was valid but he argues that the manner of service of the warrant resulted in an unreasonable search, thereby rendering any evidence obtained in the search inadmissible. G.S. 15A-249 provides:

"The officer executing a search warrant must, before...

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