State Missouri v. James Marvin Fields

The appellant, James Marvin Fields, with a prior felony record, has been found guilty of burglary and stealing property of a value in excess of $50.00. In these circumstances the court fixed Fields' punishment at five years for the burglary and five years for the stealing, the sentences to run concurrently and, in addition, concurrently to previous robbery, burglary and stealing sentences of ten and twelve years. The appellant's guilt being established by an irrefragable set of circumstances, the only question on this direct appeal is whether the court erred in overruling his motion to suppress evidence allegedly obtained as the result of ""an unreasonable and unlawful search"" - it being asserted that the warrantless search of the trunk of an automobile and the seizure of two items of evidence, a radio and an adding machine, violated his state and federal constitutional rights entitling him to a new trial. Fields did not testify on either the motion or the trial - his only witness was his friend and companion on the night of the burglary, ""Red"" Morelock, who attempted to establish Fields' presence in a nearby tavern. On the motion to suppress the appellant called the three Springfield police officers involved in his arrest and the search of an automobile driven by Morelock but borrowed by Fields from someone unknown to Morelock: ""He's all the time borrowing a car.""