State v. Dover

Court of Appeals of North Carolina

State v. Dover

193 S.E.2d 477, 17 N.C. App. 150, 1972 N.C. App. LEXIS 1600

CourtCourt of Appeals of North Carolina

DecidedDecember 20, 1972

DocketNo. 7210SC801

StatusPublished

This text of 193 S.E.2d 477 (State v. Dover) is published on Counsel Stack Legal Research, covering Court of Appeals 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. Dover, 193 S.E.2d 477, 17 N.C. App. 150, 1972 N.C. App. LEXIS 1600 (N.C. Ct. App. 1972).

Pincite

Opinion

HEDRICK, Judge.

Defendant assigns as error the failure of the trial judge to suppress the evidence on the grounds that it was obtained with the use of an invalid search warrant.

We hold that the search warrant and the affidavit attached thereto are in substantial compliance with statutory and constitutional requirements and the trial judge did not err in denying defendant’s motion to suppress the evidence obtained as a result of a search of defendant’s premises under authority thereof. State v. Vestal, 278 N.C. 561, 180 S.E. 2d 755 (1971); State v. Flowers, 12 N.C. App. 487, 183 S.E. 2d 820 (1971); cert. den. 279 N.C. 728, 184 S.E. 2d 885 (1971); State v. Moye, 12 N.C. App. 178, 182 S.E. 2d 814 (1971).

[152]*152After a careful examination of the record, we are of the opinion that the defendant had a fair trial free from prejudicial error.

No error.

Chief Judge Mallard and Judge Morris concur.

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HEDRICK, Judge.

Defendant assigns as error the failure of the trial judge to suppress the evidence on the grounds that it was obtained with the use of an invalid search warrant.

We hold that the search warrant and the affidavit attached thereto are in substantial compliance with statutory and constitutional requirements and the trial judge did not err in denying defendant’s motion to suppress the evidence obtained as a result of a search of defendant’s premises under authority thereof. State v. Vestal, 278 N.C. 561, 180 S.E. 2d 755 (1971); State v. Flowers, 12 N.C. App. 487, 183 S.E. 2d 820 (1971); cert. den. 279 N.C. 728, 184 S.E. 2d 885 (1971); State v. Moye, 12 N.C. App. 178, 182 S.E. 2d 814 (1971).

[152]*152After a careful examination of the record, we are of the opinion that the defendant had a fair trial free from prejudicial error.

No error.

Chief Judge Mallard and Judge Morris concur.

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Bluebook (online)

193 S.E.2d 477, 17 N.C. App. 150, 1972 N.C. App. LEXIS 1600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dover-ncctapp-1972.

Opinion

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