State v. Leonard, No. 620P87

Docket NºNo. 620P87
Citation321 N.C. 746, 366 S.E.2d 867
Case DateMarch 09, 1988
CourtUnited States State Supreme Court of North Carolina

Page 867

366 S.E.2d 867
321 N.C. 746
STATE of North Carolina
v.
Charles LEONARD.
No. 620P87.
Supreme Court of North Carolina.
March 9, 1988.

Barnes, Grimes & Bunce, Lexington, for defendant.

John H. Watters, Asst. Atty. Gen., Raleigh, for the State.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant in this matter pursuant to G.S. § 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the The State; and upon consideration of the petition for discretionary review of the decision of the North Carolina Court of Appeals, filed by Defendant pursuant to G.S. § 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 9th day of March 1988."

The Petition for Discretionary Review is:

"Denied by order of the Court in conference, this the 9th day of March 1988."

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13 cases
  • Steinkrause v. Tatum, COA08-1080.
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • 8 Diciembre 2009
    ...officer/affiant or his fellow officers is plainly a reliable basis for issuance of a warrant."), appeal dismissed and disc. review denied, 321 N.C. 746, 366 S.E.2d 867 (1988). The smell of alcohol could therefore contribute to the officer's determination of probable cause, and supports the ......
  • State v. Tejeda-Rivera, No. COA08-283 (N.C. App. 10/21/2008), COA08-283
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • 21 Octubre 2008
    ...S.E.2d 306, 309 (1988) (citing State v. Leonard, 87 N.C. App. 448, 456, 361 S.E.2d 397, 402 (1987),disc. rev. denied and appeal dismissed, 321 N.C. 746, 366 S.E.2d 867(1988). See also State v. Rich, 87 N.C. App. 380, 383, 361 S.E.2d 321, 323 In the case sub judice, the State presented evide......
  • State v. Morocco, 8912SC1142
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • 17 Julio 1990
    ...paper bag between passenger's legs); see also State v. Leonard, 87 N.C.App. 448, 453, 361 S.E.2d 397, 400, appeal dismissed, rev. denied, 321 N.C. 746, 366 S.E.2d 867 (1988); LaFave & Israel, Criminal Procedure § 3.10 Defendant also contends that he withdrew his consent for Lowry to search ......
  • State v. Tate, 9121SC863
    • United States
    • North Carolina Court of Appeal of North Carolina (US)
    • 21 Enero 1992
    ...to prove control of such premises by defendant. State v. Leonard, 87 N.C.App. 448, 456, 361 S.E.2d 397, 402 (1987), disc. rev. denied, 321 N.C. 746, 366 S.E.2d 867 (1988). Where there is no evidence of ownership, defendant's exclusive control of the premises on which controlled substances a......
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