Report No. 99
This is a direct appeal from the imposition of sentence to imprisonment for a maximum of three years made by Order of the Criminal Court of Local County, Great State, at No. 1246 of 1920.
A. Circumstances of the criminal Conviction
Appellant was indicted in the Criminal Court of Local County at No. 1246 of 1920 on a bill containing counts of burglary and theft.
Motions to suppress evidences gathered following the arrest of appellant and search of his home were filed on July 10, 1920. After a hearing before Judge Homer Grant, appellant's motions to suppress were denied on July 15, 1920. While being represented by Henry Law Esquire, appellant pleaded not guilty to all counts. On August 28, 1920, a trial commenced before Judge Wolfe and a jury of twelve. Bob Barrister, Esquire, was the prosecuting attorney. On August 29, 1920, the jury found the appellant guilty of burglary and theft.
On October 3, 1920, appellant was sentenced to undergo imprisonment for a maximum of three years at the Little Town Correction Center.
The facts of the instant appeal can be briefly and accurately summarized as follows:
On May 20, 1920, appellant was arrested by Big City police at 7.30 p.m.
B. Post-Trial Motions
On August 29, 1920, the honorable trial court granted appellant leave to file a motion for new trial and in arrest of judgment which appellant filed on September 4, 1920. After a hearing, en banc, before the Honourable Homer Grant, Richard Roe, and Shirley Wolfe, appellant's motion for new trial and in arrest of judgment was denied on September 16, 1920. On October 3, 1920, appellant was sentenced to imprisonment for a term of not more than three years. An appeal to your honourable court was filed on behalf of appellant on October 13, 1920.