State v. Wiley

HOUSER, Commissioner.

The conviction of William Joseph Wiley of felonious stealing was reversed on his first appeal, State v. Wiley, Mo.Sup., 412 S.W.2d 485, and he was retried. This is an appeal from his conviction at the second trial, at which he received a sentence of 4 years’ imprisonment.

*2Appellant’s first point is that the court erred in denying his motion to suppress and in admitting in evidence clothing seized from his automobile as a result of an unlawful and unreasonable search of the automobile, claimed to have been beyond the scope of a search incidental to his arrest.

The evidence…