Appellants were charged by affidavit with the crimes of theft and conspiracy to commit theft. A motion to quash the affidavits was overruled by the court. Appellants pleaded not guilty and requested a trial by jury. A special Judge was appointed at appellants request. On December 2, 1970, appellants filed motions to waive a jury trial and for suppression of evidence. The motion to suppress was taken under advisement by the court.