Schenck v. State

Pannell, Judge.

Appellant was indicted and charged in five counts with separate and distinct felonies of theft by receiving stolen property. A motion to suppress certain evidence relating solely to the counts, other than count one, was overruled, and the evidence admitted upon the trial over renewed objections that it was illegally seized. At the commencement of the trial the state withdrew count 5 of the indictment and a verdict of not guilty was entered as to that count. A jury trial was waived by the defendant and the remaining counts submitted to the trial judge for decision. The trial…