State v. Hodges

CLARK, Judge.

The principal question raised by this appeal is whether the defendant’s Due Process Right was violated by the prosecution’s refusal to disclose the identity of an informant who was present during and participated in the offenses charged.

At the outset we note that we are not concerned with probable cause for an arrest or probable cause for a search warrant under G.S. 15A-978. See State v. Ketchie, 286 N.C. 387, 211 S.E. 2d 207 (1975). Instead, we are involved with guilt or innocence, the right of the defendant to know the identity of a participating informant in advance of trial…