State v. Banks

Supreme Court of North Carolina

State v. Banks

110 S.E.2d 322, 250 N.C. 728, 1959 N.C. LEXIS 492

CourtSupreme Court of North Carolina

DecidedSeptember 23, 1959

Docket73

StatusPublished

Cited by5 cases

This text of 110 S.E.2d 322 (State v. Banks) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Banks, 110 S.E.2d 322, 250 N.C. 728, 1959 N.C. LEXIS 492 (N.C. 1959).

Pincite

Opinion

PeR CuRiam.

The defendants challenge the validity of the search warrant pursuant to which the automobile described therein and which belonged to Carl Cleo Banks, was searched and the whiskey found therein seized.

We hold that the information furnished by Patrolman McDonáld over the radio to Patrolman Moran, who signed the affidavit based on such information, pursuant to which the search warrant was issued, was sufficient information within the meaning of G.S. 18-13 to authorize Patrolman Moran to make the affidavit and to authorize the Clerk of the General County Court of Buncombe to issue such warrant. S. v. McLamb, 235 N.C. 251, 69 S.E. 2d 537.

No prejudicial error has been made to appear in the trial below; hence, the verdict and judgments will be upheld.

No Error.

HiggiNS, J., not sitting.

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