Howard

Arthur Decatur, John Howard, Alienen Howard (also known as Bobby Decatur), and Lonnie Wilson were accused of forgery. John Howard and Allenea Howard pleaded guilty. In a non jury trial Decatur and Wilson were adjudged guilty. No finding was made regarding allegations in the information that Decatur had been twice convicted of burglary. He had denied those allegations, and the prosecution had introduced evidence in support of the allegations. Decatur was sentenced to imprisonment in the county jail for one year. He appeals from the sentence.

Appellant contends that the judgment should be reversed because certain evidence was obtained by illegal search and seizure. The evidence so referred to consisted of a check protector, a card, and four checks, which articles were taken by the officers from the apartment where appellant was arrested.

Richard Gulley, the secretary and treasurer of the Alco Plating Corporation, testified that in January, 1958, between noon and 1 p. m. on a Wednesday, two men came to his office and asked him questions regarding another plating company in the area; at that time he had two checkbooks of the corporation out (apparently on a desk) where he had been…