STATE v. LONG

No. 788SC206.

246 S.E.2d 846 (1978)

STATE of North Carolina v. Walter Douglas LONG.

Court of Appeals of North Carolina.

August 29, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Donald W. Grimes, Raleigh, for the State.

Barnes, Braswell & Haithcock, P. A., by Michael A. Ellis and R. Gene Braswell, Goldsborough, for defendant-appellee.


MITCHELL, Judge.

The State assigns as error the order of the trial court excluding the evidence seized from the defendant as being the fruit of a "frisk" in violation of G.S. 15A-255. The defendant, however, contends that the Air Force investigator exceeded the authority to search embodied in that statute, as the "frisk" went beyond "an external patting of the clothing of those present" when the investigator reached inside the defendant's boot. The defendant additionally...

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