Franklin v. United States

NEBEKER, Associate Judge:

Appellants Franklin, Benson, and Dickerson were each convicted, after joint trial by jury, of second degree burglary, grand larceny, and receiving stolen property. 1 Although many issues have been raised, only two need be considered: first, whether the trial court erred in denying appellants’ motion to suppress certain evidence as illegally seized; and, second, whether the trial court erred in failing to instruct the jury that it could not find appellants guilty of receiving stolen property if it also found them guilty of burglary or larceny. We hold that the…