STATE v. SMOTHERS

No. 9117SC972.

423 S.E.2d 824 (1992)

108 N.C. App. 315

STATE of North Carolina, v. Kenneth Wayne SMOTHERS.

Court of Appeals of North Carolina.

December 15, 1992.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen., Philip A. Telfer, Raleigh, for the State.

Mary K. Nicholson, Greensboro, for defendant-appellant.


WALKER, Judge.

Defendant presents two arguments to this Court for review. He contends (1) the trial court erred in failing to grant defendant's motion to suppress the evidence and (2) the trial court erred in failing to reopen the suppression hearing based on new evidence of the defendant. We find no error and therefore affirm the trial court.

With regard to the first exception, defendant argues that the circumstances in this case do not support the magistrate...

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