State v. Rinkes

Finley, C. J. —

This is a consolidated appeal on an agreed statement of facts. The three defendant-appellants were tried together and convicted of grand larceny by possession of stolen plumbing supplies. Each was sentenced to a maximum of 15 years in the penitentiary. Defendants Rinkes and Thompson make three assignments of error. The first two relate to an allegedly prejudicial comment, not supported by the evidence, made by the prosecutor in his opening statement, and to the admission of evidence purportedly obtained in violation of defendant Thompson’s Fourth Amendment rights. The only…