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State v. Boone

STATE OF NORTH CAROLINA v. JAMES CHARLES BOONE

State v. Boone, 297 S.E.2d 920 (N.C. Ct. App. 1982)
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Subsequent history: aff'd, State v. Boone, 311 S.E.2d 552 (N.C. 1984). (read from the later opinion; check before relying)

Court
Court of Appeals of North Carolina · State Appellate Courts
Decided
December 7, 1982
Docket
No. 824SC276
Judges
Vaughn, Webb, Wells
Citations
297 S.E.2d 92059 N.C. App. 7301982 N.C. App. LEXIS 3188

Opinion of the Court — Wells

Text extracted by OCR from a scanned original; check the original for exact wording.

WELLS, Judge.

By his first assignment of error, defendant contends that Judge Peel’s order denying defendant’s motion to suppress was a nullity. We agree. The order was signed after the session at which the motion was heard was closed, and it was signed outside of the district and outside of the county in which defendant was being tried. Under these circumstances, Judge Peel was without authority to enter the disputed order. See State v. Saults, 299 N.C. 319 , 261 S.E. 2d 839 (1980); State v. Ray, 97 N.C. 510 , 1 S.E. 876 (1887); 8 N.C. Index 3d, Judgments, § 2.1.

Judge Peel’s order being a nullity, defendant was entitled to have his motion to suppress heard before trial, G.S. 15A-977, and it was error for Judge Strickland to decline to hear defendant’s motion when it was renewed before him.

Since there must be a new trial, we deem it inappropriate to address defendant’s other assignments of error.

New trial.

Judges Vaughn and Webb concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1984: 119842026peak 1984 · 1

Relies on it most ⓘ

  1. State v. Boone311 S.E.2d 552 (N.C. 1984)

Most recent

  1. State v. Boone311 S.E.2d 552 (N.C. 1984)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
State v. Saults, 261 S.E.2d 839 (N.C. 1980) 15
State v. Ray, 1 S.E. 876 (N.C. 1887) 7

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