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STATE v. KING

No. 7917SC291.

256 S.E.2d 247 (1979)

42 N.C. App. 210

STATE of North Carolina v. Samuel Eugene KING.

Court of Appeals of North Carolina.

July 3, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Jane Rankin Thompson, Raleigh, for the State.

Neaves, Everett, Peoples & Freeman by Charles M. Neaves and Hugh H. Peoples, Elkin, for defendant-appellant.

VAUGHN, Judge.

Defendant's first assignment of error is directed to the denial of his motion to suppress the evidence seized in the search of his home. The court conducted a hearing on this motion and found, in part, as follows.

"The Court finds first that on May 4, 1978, the defendant Samuel Eugene King entered a plea of guilty to illegal possession of a controlled substance and was given a prison term of not less than three years, nor more than five years...

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