COMMONWEALTH OF PENNSYLVANIA v. MYERS

Misc. No. 2635.

226 F.Supp. 19 (1964)

COMMONWEALTH OF PENNSYLVANIA ex rel. Earl F. PRATER v. David N. MYERS, Superintendent State Correctional Institution, Graterford, Pennsylvania.

United States District Court E. D. Pennsylvania.

January 15, 1964.


VAN DUSEN, District Judge.

In this case, which the court will treat as being before it on petition for habeas corpus, relator was, with aid of counsel, tried and found guilty in 1955 in the Quarter Sessions Court of Montgomery County, Pennsylvania, of the crimes of burglary, rape and sodomy.

Three contentions are raised:

(1) Relator's rights were violated prior to trial by the Lower Merion Police Force by illegal search and seizure.

(2) The...

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