State v. Berry

This case was consolidated for argument before this court with the case of Kovarik v. County of Banner, No. 39469, as both cases involve similar questions of law. Neither of the appellees filed briefs in these actions, and an argument before this court was conducted by the appellant, County of Banner, on its briefs in the respective cases. We have concluded that we should write separate opinions in these cases for reasons which will hereinafter be made apparent.

In this case defendants Raymond M. Berry and Alfonso Reyes Alvarez, charged with the commission of felonies, made application for…