The opinion
Dissenting Opinion
Arterburn, J.
I dissent for the reason that I do not believe all the pertinent facts are set forth in the majority opinion. It appears to me that Captain Schmeding of the Fort Wayne police, when talking to the appellant about the robbery in question, told him that if he did not bring in all the stolen suits and clothing or was lying to him, he would be prosecuted. It turns out from the facts in the case that he brought in only three suits, while more than twenty were taken by him, and seventeen of these resold by him. In addition there were two long leather jackets, three short leather jackets, two sport coats, one slipover sweater, and a Burroughs adding *562 machine acquired by the appellant. The appellant himself testified as follows:
“Capt. Schmeding told me if he found out I had some more suits, that I was lying to him, or something, about those suits, he didn’t say I wouldn’t be prosecuted, he said I would be prosecuted if he found out I was lying to him about those suits.”
The issue as to whether or not the police officers promised the appellant immunity on certain conditions and whether or not the appellant complied with those conditions, is a question of fact to be determined by the trial court. The trial court did this, and we have no right to select the testimony we wish to believe and reject that which the trial court apparently accepted.
Finally, I point out that there is no authority under the law that I can find which gives police officials the right to bind the State from prosecuting crimes. This is a matter under the law for the prosecuting officials. To hold otherwise, in my opinion, is a dangerous precedent and places in the hands of certain police officials unwarranted authority and power.
I feel the decision of the trial court should be affirmed.
NOTE. — Reported in 233 N. E. 2d 483 .