State v. Peele

A jury found the defendant guilty of first-degree murder. An important witness for the state was one Richard Boespflug, who was involved in the homicide and who had pleaded guilty to a charge of murder in the second degree arising out of the transaction. Boespflug was awaiting sentencing at the time of the trial of the defendant.

We answer two of the issues raised on the appeal: (1) Whether a gun and holster admitted into evidence had been obtained as a result of an unlawful search and seizure and (2) whether it was error to allow the witness, Boespflug, to testify at the trial when he had…