PAXTON v. State

Dissenting Opinion

Arterburn, J.

I must dissent from the majority opinion because I think it leads to an absurd result.

The appellants were charged by affidavits for the crime of theft and second degree burglary. The charges were filed in separate affidavits and subsequently consolidated and tried *279together before a jury. The verdict of the jury was guilty of each charge against each appellant.

The essential question on this appeal revolves around the arrest of the appellants and the contention that the subsequent search based on the arrest was illegal and that, therefore, the evidence obtained…