State v. Salem
| Decision Date | 17 January 1973 |
| Docket Number | No. 7226SC844,7226SC844 |
| Court | North Carolina Court of Appeals |
| Parties | STATE of North Carolina v. Richard Dean SALEM, and Fred Woodrow Mauney, Jr. |
Atty. Gen. Robert Morgan by Associate Atty. Gen., Howard A. Kramer, for the State.
Lila Bellar, Charlotte, for defendant appellant Richard Dean Salem.
Scarborough, Haywood & Selvey by E. Clayton Selvey, Jr., Charlotte, for defendant appellant Fred Woodrow Mauney, Jr.
The 46 exceptions, which are grouped under 9 assignments of error and are set forth on 40 pages of the record, purport to be the exceptions of both defendants. Many of the exceptions are based on the overruling of objections made by only one defendant. For various reasons, some of the assignments of error could not possibly relate to both defendants. It does appear that both defendants contend: (1) the cases should not have been consolidated and (2) the search of defendants' apartment was illegal and the evidence seized in the search should have been excluded. Both of these contentions are without merit.
G.S. § 15--152 authorizes the consolidation for trial of separate charges against two or more defendants when the offenses charged are of the same class and are so connected in time or place that most of the evidence at trial upon one of the charges would be admissible at a trial on the others. State v. Bass, 280 N.C. 435, 186 S.E.2d 384. There is nothing in the record to suggest that either defendant was prejudiced by the consolidation, and we hold that the order consolidating the cases for trial was an appropriate exercise of the trial court's discretion.
The search warrant authorizing the search of defendants' premises, along with the affidavit on which the warrant is based, appear in the record. We deem it unnecessary to set them forth in this opinion. Sufficie to say, the warrant and affidavit have been carefully scrutinized and we find that they meet the requirements of G.S. § 15--26 and the Fourth Amendment to the United States Constitution. The fact that Salem is not named in the search warrant as an occupant of the apartment is without significance under the facts of this case. State v. Cook, 273 N.C. 377, 160 S.E.2d 49.
None of the remaining assignments of error appear to relate to both defendants and we therefore discuss them separately.
CONTENTIONS OF DEFENDANT MAUNEY.
Defendant Mauney appeared at the apartment about ten minutes after the arrival of the officers. One of the officers asked Mauney who he was and if he lived there. Mauney told the officer his name, walked into a bedroom, and without being asked, stated that it was his room. Mauney says this evidence should have been excluded because he was not advised of his constitutional rights before making the statements. We disagree. These questions were asked before Mauney was taken into custody and before any contraband substance had been found. It was not necessary that the officers give Mauney the usual constitutional warnings before asking him general investigatory questions such as his name and whether he lived in the apartment. See State v. Gladden, 279 N.C. 566, 184 S.E.2d 249; State v. Shedd, 274 N.C. 95, 161 S.E.2d 477; State v. Hayes, 273 N.C. 712, 161 S.E.2d 185.
Mauney further contends that the court erred in denying his motion for a mistrial, made after the solicitor asked defendant on cross-examination if he were not a good friend of one Howard Mack Miller. There was no evidence before the jury as to the identity of Howard Mack Miller and there has been no showing that any juror might have been prejudiced against one of his friends. Moreover, Mauney's objection to the question was sustained by the court. Under these circumstances, the court was acting well within the bounds of its discretion in denying Mauney's motions for a mistrial.
Mauney assigns as error the denial of his motion for nonsuit and argues that the evidence was insufficient to show that he was in possession of either the marijuana or pyrotechnics. These contentions are overruled. The marijuana was found in a bedroom which defendant told the officers was 'his room.' The pyrotechnics were found in a closet of the bedroom. This was sufficient to permit the jury to find that defendant was in constructive possession of the items.
Finally, Mauney argues that the court's charge on the law of possession was erroneous. The court instructed the jury thoroughly...
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State v. Wiggins, 7630SC985
...the marijuana other than the fact that it was growing near his trailer. The State cites three decisions by this Court, State v. Salem, 17 N.C.App. 269, 193 S.E.2d 755, cert. den., 283 N.C. 259, 195 S.E.2d 692 (1973); State v. Summers, 15 N.C.App. 282, 189 S.E.2d 807, cert. den., 281 N.C. 76......
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State v. Harris
...hearing on the defendant's motion to suppress the evidence seized by law officers pursuant to the search warrant. State v. Salem, 17 N.C.App. 269, 193 S.E.2d 755 (1973), cert. denied, 283 N.C. 259, 195 S.E.2d 692 (1973). See also Annot., 5 A.L.R.2d 394 In other decisions this court has used......
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State v. Brannon
...hearing on the defendant's motion to suppress the evidence seized by law officers pursuant to the search warrant. State v. Salem, 17 N.C.App. 269, 193 S.E.2d 755 (1973), Cert. denied, 283 N.C. 259, 195 S.E.2d 692 (1973). See also Annot., 5 A.L.R.2d 394 Therefore, since the search warrant is......
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Salem v. State of North Carolina
...by pointing a gun. He was sentenced to two consecutive six-month prison terms, and the convictions were upheld on appeal, 17 N.C.App. 269, 193 S.E.2d 755 (1973), cert. denied, 283 N.C. 259, 195 S.E.2d 692 Salem seeks habeas corpus, alleging fundamental unfairness and lack of due process in ......