State v. Brown

VAN OSDOL, Commissioner.

Defendant Thomas Jesse Brown was charged, jointly with one Carl Benton Drake, with burglary in the second degree. Section 560.070 RSMo 1949,' V.A.M.S. A severance was granted, and defendant, tried separately, was convicted and his punishment assessed at two years in the State penitentiary. He has appealed from the ensuing judgment

Defendant-appellant contends (1) that his arrest was illegal and the subsequent search and the seizure of certain articles, crowbars and screw drivers which the State introduced into evidence as the instruments used in effecting the burglary,…