STATE v. STINSON

No. 7826SC758.

249 S.E.2d 891 (1979)

STATE of North Carolina v. Julian Leigh STINSON, Jr.

Court of Appeals of North Carolina.

January 2, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Joan H. Byers, Raleigh, for the State, appellant.

Jerry W. Whitley and Kenneth W. Parsons, Charlotte, for defendant-appellee.


CLARK, Judge.

The sole question for determination by this Court is whether the trial court erred in ruling that the search warrant was invalid because the sworn affidavit did not provide the magistrate with facts and details sufficient to establish probable cause. If invalid, the Exclusionary Rule was properly invoked by the trial court to exclude as evidence at trial the fruits of the search.

The Exclusionary Rule was established in Weeks v. United States...

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