[DOWNLOAD] "State v. Aeby" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Aeby
- Author : Supreme Court of Kansas
- Release Date : January 11, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The opinion of the court was delivered by The defendant was convicted on two counts of burglary in the third degree (G.S. 1949, 21-521) and one count of petty larceny (G.S. 1961 Supp., 21-535), and was sentenced to confinement in the state penitentiary as an habitual criminal. (G.S. 1949, 21-107a.) During the presentation of the state's case in chief, the defendant objected to exhibits and articles of property obtained by police officers when they searched his apartment without a search warrant at the time he was arrested for the crimes for which he was subsequently convicted. When the objection to the evidence was made, the district court excused the jury and the trial proceeded on the question of the reasonableness of the search and seizure of the items and property offered in evidence. After a full hearing the district court found, ""The court has considered all of the evidence introduced in the absence of the jury by both sides, and the court finds generally that all legal and constitutional objections to the introduction and admission of evidence of the searches and articles found, should be overruled and so orders."" Thereafter, the jury was recalled and all the evidence presented to the district court was reoffered and heard by the jury. As indicated above, a verdict of guilty was returned on each of the three counts charged in the information. The defendant filed a motion for a new trial containing five grounds all of which had to do with alleged errors and irregularities during the trial, including the evidence offered by the state which it was contended had been obtained illegally in an unlawful search and seizure in violation of the defendant's right under the Fourteenth Amendment to the Constitution of the United States. The motion for a new trial was overruled and the defendant was sentenced as an habitual criminal, hence, this appeal.