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STATE v. SHEPPARD

No. 7918SC298.

256 S.E.2d 241 (1979)

42 N.C. App. 125

STATE of North Carolina v. Clifford Gene SHEPPARD. STATE of North Carolina v. James Theodore GARNER.

Court of Appeals of North Carolina.

July 3, 1979.

Attorney(s) appearing for the Case

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

W. B. Byerly, Jr., High Point, for defendant-appellee Clifford Gene Sheppard.

Joe D. Floyd, High Point, for defendant-appellee James Theodore Garner.

HEDRICK, Judge.

Appellate review is permitted by G.S. § 15A-979(c). The State first contends that the trial court erred in granting the motion to suppress as to No. 78CRS17162 since defendant Garner lacked "standing" to contest the validity of the searches. We agree.

G.S. § 15A-972 provides: "When an indictment has been returned or an information has been filed in the Superior Court, or a defendant has been bound over for trial in superior court...

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