State v. Rothenberger

Ronald Dean Rothenberger and Samuel Eugene Pernar each appeals from a conviction of second-degree burglary. The appeals were argued together. The burglary occurred late on November 1, or early on November 2, 1966, in Seattle, Washington, and the appellants admit that they were involved in it. They urge, however, that under the rules by which the game of “Cops and Robbers” is presently being played, they are entitled to “get home free.”

The sole assignment of error on each appeal is that the trial court failed to grant a motion to suppress “all evidence seized as a result of the unlawful…