Brown v. State

Frank Holt, Justice.

Appellant was found guilty, as a habitual criminal, on each of four counts of burglary, three counts of felony theft, one count of misdemeanor theft and one count of theft by receiving. The sentences, varying from twenty years to one year, were ordered to run concurrently. For reversal appellant first asserts that the court erred in denying his motion to suppress the evidence which was seized in the search of his residence.

The affidavit, signed by Officer Duck, in support of the search warrant stated, inter alia, that “Officer Chappelle [his companion] could see a vacuum…