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12 N.C. App. 580

State v. Cazarres

Court of Appeals of North Carolina

Decided October 20, 1971

Court of Appeals of North Carolina · decided 1971-10-20

Decided 1971-10-20

BROCK, Judge.

¶1Defendant assigns as error that the trial judge, in charging the jury, reviewed the evidence of the observation and arrest of defendant in the Park. Defendant contends this was error because the charges in connection with his arrest in the Park were nonsuited.

¶2This assignment of error is without merit. Evidence of the observation and arrest in the Park served to explain why defendant was in custody when he consented to a search of his residence. The evidence was plenary and clear that more than *582one gram of marijuana was found during the search of defendant’s residence, and it is' not conceivable that the jury could have been confused.

¶3No error.

Judges Vaughn,and Graham concur.
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