STATE v. SMITH

No. 8726SC320.

365 S.E.2d 631 (1988)

STATE of North Carolina v. Ernest Eugene SMITH, II. STATE of North Carolina v. David Michael SCHOCH.

Court of Appeals of North Carolina.

March 1, 1988.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Thomas J. Ziko, Raleigh, for State.

James, McElroy & Diehl, P.A. by Edward T. Hinson, Jr., and Mark T. Calloway, Charlotte, for defendant-appellant Smith.

Ferguson, Stein, Watt, Wallas, and Adkin, P.A. by John W. Gresham, Charlotte, for defendant-appellant Schoch.


JOHNSON, Judge.

Defendants bring forward eleven assignments of error. For reasons stated below, we overrule all assignments.

The basic facts are not in dispute. On the afternoon of 1 October 1985, Officer H.F. Frye of the Charlotte City Police entered the Cinema Blue Bookstore in Charlotte, where defendant Schoch was the manager and defendant Smith worked as a clerk, and purchased from Schoch a package of magazines containing one entitled "Cum Up My Asshole...

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