STATE v. BRYANT

No. 162.

185 S.E.2d 854 (1972)

280 N.C. 407

STATE of North Carolina v. Joe BRYANT et al.

Supreme Court of North Carolina.

January 28, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. Christine Y. Denson, for the State.

Smith & Patterson and Michael K. Curtis, Greensboro, for John Knoll and Don Childs, defendant appellants.

Earle R. Purser, Raleigh, for Joe Bryant and B. R. Queen, defendant appellants.


SHARP, Justice.

Appellants argued in the Court of Appeals that the items seized, "based on their content and on the manner in which they were distributed and offered for sale, are not obscene." However, no exhibits were made a part of their case on appeal. The Court of Appeals did not consider this question and, in this Court, appellants do not argue it.

Here, defendants pose three interlocking questions: (1) Could the State constitutionally seize "substantially...

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