State v. Baxter

Barnett, J. †

Appellant was convicted of the crime of burglary in the second degree. He has appealed, urging as error the trial court’s denial of his motion to suppress certain evidence; in denying the motion to dismiss on the grounds of failure of proof; and in denying a motion for a new trial.

Each assignment of error is directed to the legality of ap pellant’s arrest and turns on the circumstances under which the officers acted.

At about 3:45 a.m., October 15, 1954, Officer Arthur W. Conley of the Seattle Police Department had reached the end of his assigned tour of duty “working a prowler…