Legal Opinion

State v. Flynn

Court of Appeals of North Carolina

Decided June 15, 1977No. 7710SC22PublishedCited by 5 opinions

1Opinion of the Court

HEDRICK, Judge.

At the hearing on defendant’s motion to suppress the State was allowed, over defendant’s objection, to offer evidence concerning the absence of the magistrate’s signature on the “affidavit of an application” for the search warrant executed in this case. At the hearing Officer Beliveau, the affiant, and T. W. Adams, the magistrate, both testified that Officer Beli-veau was sworn to the affidavit by the magistrate, and that the magistrate’s signature was omitted from the jurat by inadvertence.

The defendant offered no evidence at the hearing on his motion to suppress.

The trial…

2Cases cited1 opinion

  1. State v. BrannonCourt of Appeals of North Carolina · 1975

3Cited by5 opinions

  1. State v. KeithTennessee Supreme Court · 1998
  2. Smith v. StateCourt of Criminal Appeals of Texas · 2006
  3. State v. ColonSupreme Court of Connecticut · 1994
  4. Smith, Freddie JamesCourt of Criminal Appeals of Texas · 2006
  5. State v. KeithTennessee Supreme Court · 1998

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