STATE v. BEAM

No. 8824SC77.

372 S.E.2d 894 (1988)

91 N.C. App. 629

STATE of North Carolina v. Lillie Ann BEAM.

Court of Appeals of North Carolina.

October 18, 1988.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. David N. Kirkman, Raleigh, for the State.

Watson and Hunt by Charlie A. Hunt, Jr., Spruce Pine, for defendant-appellee.


EAGLES, Judge.

Pursuant to defendant's pre-trial motion to suppress, the trial court entered an order suppressing evidence seized in a search conducted in accordance with a search warrant. The court specifically found, among other things: "as a Matter of Law ... considering the totality of the circumstances, the issuing magistrate, had no substantial basis, based upon the information sworn to before him by Deputy Hollifield set out in the affidavit, for concluding...

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