STATE v. MUSSELWHITE

No. 7712SC1013.

245 S.E.2d 171 (1978)

36 N.C. App. 430

STATE of North Carolina v. Franklin E. MUSSELWHITE and Gregory B. Artis.

Court of Appeals of North Carolina.

June 6, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Isaac T. Avery, III, and Associate Atty. David Roy Blackwell, Raleigh, for the State.

Smith, Geimer & Glusman by W. S. Geimer, Fayetteville, for defendant-appellant Musselwhite.

Asst. Public Defender James R. Parish, Fayetteville, for defendant-appellant Artis.


MORRIS, Judge.

We shall first discuss the issue common to both defendants. Both Musselwhite and Artis moved to suppress the evidence seized by the police during the search of a certain 1974 Dodge van. The search was ostensibly conducted pursuant to a search warrant. The trial court ruled the search warrant invalid. At trial, subsequent to a hearing on the pretrial motions, the court ruled that the evidence seized during the search of the van was admissible even though...

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