Taylor, Bryant v. State

This is a joint appeal from a conviction in a criminal action charging appellants with the crime of conspiracy to commit a felony, to-wit: second degree burglary.

We have elected to consider this case upon its merits, although a serious question is presented as to whether appellants may not have waived the alleged errors assigned by their failure to comply with the provisions of Rule 2-17 (e) and (f) of this court. Stearn v. State (1951), 230 Ind. 17, 18, 101 N. E. 2d 67.

The errors assigned and relied upon by appellants are (1) the overruling of appellants’ motions tp quash the affidavit and…