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17 N.C. App. 150

State v. Dover

Court of Appeals of North Carolina

Decided December 20, 1972

Court of Appeals of North Carolina · decided 1972-12-20

Relies on State v. Vestal · 12 N.C. App. 487 - State v. Flowers · State v. Shirley

Decided 1972-12-20

HEDRICK, Judge.

¶1Defendant 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.

¶2We 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).

¶3*152After a careful examination of the record, we are of the opinion that the defendant had a fair trial free from prejudicial error.

¶4No error.

Chief Judge Mallard and Judge Morris concur.
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