State v. Koon

Clark, Judge.

"When constabulary duty’s to be done

A policeman’s lot is not a happy one.”

This song of the Shammes 1 from "The Pirates of Penzance” is applicable to the plight of two Columbus policemen who made a warrantless arrest which resulted in the state taking this intermediate appeal from the grant of a defense motion to suppress a pistol taken from the pocket of the accused during the arrest.

The hearing transcript shows testimony limited to the two officers who responded to a call at a restaurant. As the testimony of both patrolmen was substantially the same, we quote pertinent portions…