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STATE v. ALLISON

No. 70.

257 S.E.2d 417 (1979)

STATE of North Carolina v. Ervin Russell ALLISON.

Supreme Court of North Carolina.

September 4, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, Associate Atty. Rebecca R. Bevacqua, Raleigh, for the State.

E. Penn Dameron, Jr., Marion, for defendant.

SHARP, Chief Justice.1

Defendant's first assignment of error is that the trial judge erred in admitting over defendant's objection the .22-caliber rifle (State's Exhibit No. 1) which Deputy Sheriff Autrey took from defendant's trailer on the afternoon of 3 March 1977. When the State offered the rifle in evidence, defendant objected and moved to suppress the rifle as the fruit of an illegal search. The judge immediately conducted a voir...

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