State v. Aeby

The opinion of the court was delivered by

Fatzer, J.:

The defendant was convicted on two counts of burglary in the third degree (G. S. 1949, 21-521) and one count of petty larceny (G. S. 1961 Supp., 21-535), and was sentenced to confinement in the state penitentiary as an habitual criminal. (G. S. 1949, 21-107a.)

During the presentation of ihe state’s case in chief, the defendant objected to exhibits and articles of property obtained by police officers when they searched his apartment without a search warrant at the time he was arrested for the crimes for which he was subsequently convicted.…