No. 75-2042.

587 F.2d 636 (1978)

Danny L. SALLIE, Appellant, v. STATE OF NORTH CAROLINA, C. T. Caudill, Odom Prison, Jackson, North Carolina, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 28, 1978.

Attorney(s) appearing for the Case

Michael S. Shelton, Richmond, Va. (Cohen, Abeloff & Staples, Richmond, Va., on brief), for appellant.

Joan H. Byers, Associate Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen. of N. C., Raleigh, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and CHAPMAN, District Judge.

WINTER, Circuit Judge:

Danny L. Sallie, convicted of second degree murder, attacks the validity of his state conviction on fourth, fifth and sixth amendment grounds. He urges that the warrantless search of his mobile home was unreasonable and that the resultant photographic and testimonial evidence gathered and later introduced at trial should have been excluded. He also contends that the instructions to the jury were improper...

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