State v. Gates

This appeal, following defendant’s conviction and sentence on charge of forgery and uttering a forged instrument, turns on whether the trial court was justified in (1) denying his motion to suppress evidence seized during an alleged illegal search and (2) denying his application to take depositions of the four witnesses listed on the county attorney’s information.

I. On March 30, 1966, pursuant to assignment, trial on the two count county attorney’s information commenced. By agreement of counsel, defendant’s motion to suppress evidéfice was submitted to the trial court out of the jury’s…