State v. Fry

MALLARD, Chief Judge.

Defendant contends that the trial judge committed error in failing to suppress the testimony of Officer Howell of the New Hanover County Sheriff’s Department and in subsequently allowing the three bags of marihuana to be introduced into evidence.

Officer Howell was testifying and was asked the question: “What did you see when you opened the door?” Defendant ob- jeeted. No ruling on this objection was1 made by the judge, and the witness did not at that time answer the question. However, the judge sent the jury out; and after extensive questioning of the witness Howell, the…