STATE v. SIMMONS

No. 828SC66.

296 S.E.2d 805 (1982)

STATE of North Carolina v. Franklin J. SIMMONS.

Court of Appeals of North Carolina.

November 2, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Harry H. Harkins, Jr., Raleigh, for the State.

Calvin R. King, New Bern, for defendant-appellee.


BECTON, Judge.

Contending that the warrantless search was illegal, the defendant, on 26 August 1981, the date on which trial began, filed and served on the District Attorney, a motion to suppress the piece of cardboard which contained eight numbers. The trial transcript indicates that after the jury had been selected and impaneled to try this case, defense counsel made his motion to suppress. The assistant district attorney argued that the motion was untimely, and...

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