People v. Beard

The defendants were indicted for burglary and for theft of property in excess of $150 and. were tried by a jury. A mistrial was declared on the burglary charge and the defendants were convicted of theft and were sentenced to not less than 2 nor more than 6 years in the penitentiary. ■

In this appeal both defendants contend the court erred in denying a motion to suppress evidence seized by the police from Leavy’s automobile because the seizure was pursuant to an illegal arrest. Defendant Leavy also contends that the court erred in denying his motion, to sever his trial from that of defendant…