Gilbreath v. State

W. J. HARALSON, Supernumerary Circuit Judge.

Appellant was convicted of robbery and his punishment fixed at ten years imprisonment in the penitentiary.

Before proceeding into the trial of the case on its merits on October 15, 1973, appellant filed a motion for dismissal of the charge on the grounds that he had been denied certain rights guaranteed under the Constitution of the United States, in that the police had made an illegal search of the premises where he was residing without a warrant or probable cause and that the premises had been broken into by police officers of the City of…