State v. Funderburke

Bussey, Justice.

The appellant was convicted of the crime of rape, but with a recommendation of mercy by the jury, and sentenced to a term of thirty years. Appeal is from the order of the trial judge denying a motion, on several grounds, for a new trial. There was clearly prejudicial error below and we reverse.

During the early hours of November 1, 1966, appellant was arrested as a suspect. Later that morning, about 9 o’clock, two officers, without the benefit of a search warrant, searched the bedroom occupied by the suspect, obtaining and removing in the course of such search various articles,…