Pointon v. State

Opinion Concurring in Result

DeBruler, J.

I agree that appellant’s claim regarding the admissibility of evidence obtained through the search of his automobile is not before the Court, having been expressly waived by appellant’s counsel at trial. I agree that Harrison v. State, (1972) 258 Ind. 359, 281 N.E.2d 98, supports this position. I cannot agree with the statement in the majority opinion purporting to disapprove the holdings of Zion v. State, (1977) 266 Ind. 563, 365 N.E.2d 766, and Lockridge v. State, (1975) 263 Ind. 678, 338 N.E.2d 275.

Initially I would point out that a basic rule of…