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STATE v. ERVIN

No. 7826SC439.

248 S.E.2d 91 (1978)

38 N.C. App. 261

STATE of North Carolina v. Roger ERVIN and Emmette Ronnie Price, Defendants, and Emmette Romaine Price, Petitioner-Intervenor.

Court of Appeals of North Carolina.

October 17, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Ben G. Irons, II, Raleigh, for the State.

John H. Cutter, III, Charlotte, for defendant-appellant Ervin.

Barry M. Storick, Charlotte, for defendant-appellant Price.

Kenneth R. Downs, Charlotte, for petitioner-intervenor appellant.

ARNOLD, Judge.

I.

We first consider defendant Ervin's contention that the trial court erred in denying his motion to suppress the evidence taken from him and from the vehicle by the officers. Ervin had no standing to contest the search of the automobile. He was in the position of defendant Campbell in State v. McPeak, 243 N.C. 243, 90 S.E.2d 501 (1955), where the court said: "The...

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