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MATTER OF GARDNER

No. 783SC263.

251 S.E.2d 723 (1979)

39 N.C. App. 567

In the Matter of the Revocation of the License of Robert Morgan GARDNER, License No. 4835030.

Court of Appeals of North Carolina.

February 6, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Deputy Atty. Gen. William W. Melvin and Associate Atty. Gen. Mary I. Murrill, Raleigh, for respondent-appellant.

No counsel for petitioner-appellee.

PARKER, Judge.

Appellant first contends that the court erred in ruling that the officer's warrantless arrest of the petitioner under the circumstances disclosed by this record was unlawful. As pertinent to this question, G.S. 15A-401 provides:

G.S. 15A-401. Arrest by law-enforcement officer.— * * * * * * (b) Arrest by Officer Without a Warrant.— * * * * * * (2) Offense Out of Presence of Officer. —...

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