State v. Leach

Pee CuRiAM.

Defendant contends that the trial court erred in admitting into evidence the nontax-paid liquor and the testimony concerning the finding and seizing of the. liquor.

“In S. v. Coffey, 255 N.C. 293, 121 S.E. 2d 736, the Court, after quoting the second sentence of G.S. 15-27.1, said:

“ ‘To render evidence incompetent under the foregoing section, it must have been obtained (1) “in the course of . . . search,” (2) “under conditions requiring a search warrant,” and (3) without a legal search warrant. The purpose of this and similar enactments (G.S. 15-27) was “to change the law of evidence…