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STATE v. BOONE

No. 824SC276.

297 S.E.2d 920 (1982)

STATE of North Carolina v. James Charles BOONE.

Court of Appeals of North Carolina.

December 7, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Dennis P. Myers, Raleigh, for the State.

Jeffrey S. Miller, Jacksonville, for defendant-appellant.

WELLS, Judge.

By his first assignment of error, defendant contends that Judge Peel's order denying defendant's motion to suppress was a nullity. We agree. The order was signed after the session at which the motion was heard was closed, and it was signed outside of the district and outside of the county in which defendant was being tried. Under these circumstances, Judge Peel was without authority to enter the disputed order. See State v. Saults,

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