STATE v. COOKE

No. 151A81.

291 S.E.2d 618 (1982)

STATE of North Carolina v. Donald Dale COOKE.

Supreme Court of North Carolina.

June 2, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Gen. Richard N. League, Raleigh, for the State.

Lyle J. Yurko, J. Marshall Haywood, James H. Carson, Jr., Charlotte, for defendant-appellee.


COPELAND, Justice.

We affirm the trial court's entry of an order against the State suppressing the evidence seized from defendant's suitcase.

The Court of Appeals correctly noted that the scope of appellate review of an order such as this is strictly limited to determining whether the trial judge's underlying findings of fact are supported by competent evidence, in which event they are conclusively binding on appeal, and whether those factual findings in turn...

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