Whited v. State

Dissenting Opinion

Prentice, J.

I am compelled to dissent from the majority opinion which, I believe supplies inferences that cannot be properly drawn from the evidence and omits salient and uncontroverted testimony.

On the evening in question, several squad cars full of policemen swarmed upon the defendant and several of his companions who were gathered on the porch of a private residence at No. 2024 North Talbot Street, in the City of Indianapolis. The record affirmatively shows that the police had no arrest warrant. It is silent upon the question of whether they possessed a search warrant or…