The People v. Barbee

The defendant, Jerry Barbee, waived a jury trial, and after a trial before the court he was found guilty of the theft of an automobile, and sentenced to a term of imprisonment of not less than four nor more than six years. On this appeal, he does not challenge the sufficiency of the evidence to establish his guilt beyond a reasonable doubt. His principal contention is that the trial court erroneously overruled his motion to suppress evidence concerning the stolen automobile, which was seized from his garage without a valid search warrant.

At the hearing on the defendant’s motion to suppress,…