STATE v. JOLLEY

No. 237A84.

321 S.E.2d 883 (1984)

STATE of North Carolina v. Hazel Mae JOLLEY.

Supreme Court of North Carolina.

November 6, 1984.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Roy A. Giles, Jr., Asst. Atty. Gen., Raleigh, for the State.

Walter H. Dalton, Rutherfordton, for defendant.


MARTIN, Justice.

The sole issue in this appeal is whether the Court of Appeals erred in holding that the rifle transported to the Rutherford County Jail by Major Philbeck was improperly admitted into evidence at trial. We hold that the Court of Appeals did so err, and thus we reverse.

As the opinion of the Court of Appeals notes, on 20 April 1983 defendant filed a motion to suppress the .22-caliber rifle and any test results from the gun. The basis of this...

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