Jacobs v. State

Deen, Presiding Judge.

1. The appellant Jacobs brothers were indicted, tried and convicted along with one Tommy Bryant for the offense of burglary. The attorney for the appellants moved to suppress certain evidence, upon which the trial judge signed an appended rule nisi setting it for hearing outside the presence of the jury, as required by Code Ann. § 27-313 (b) ("The judge shall receive evidence out of the presence of the jury,” etc.). The time set out in the rule nisi passed and the following order was entered: "The within and foregoing motion to suppress having come on regularly to be…