State v. Wood

Defendants assign as error the failure of the trial judge to conduct a voir dire in the absence of the jury to determine the legality and admissibility of testimony relating to 39 cartons of cigarettes found in an automobile operated and occupied by defendants at the time of their arrest and to make findings of fact on this question.

The record reveals that after the jury was selected and impaneled, the trial judge in the absence of the jury heard several motions presented by defendant James Wood. One of the motions was to the effect that evidence pertaining to the 39 cartons of cigarettes be…