State v. Miller

The defendant’s assignments of error challenge the correctness of the rulings of the trial court in (1) refusing to suppress the State’s evidence and (2) overruling the motion for judgment as of nonsuit. Since the motion for nonsuit was based on the contention that all the evidence was obtained in the course of an illegal search and therefore incompetent, the pivotal question presented by the appeal is whether the defendant's automobile was illegally searched.

The pertinent evidence may be summarized as follows: Highway Patrolman J. G. Wilson said he met the automobile driven by the defendant,…