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UNITED STATES v. MYERS

No. 14612.

329 F.2d 280 (1964)

UNITED STATES of America ex rel. Ralph STONER, Appellant, v. David N. MYERS, Superintendent, State Correctional Institution at Graterford, Appellee.

United States Court of Appeals Third Circuit.

Decided March 9, 1964.

Attorney(s) appearing for the Case

Kenneth F. Lee, Chambersburg, Eugene F. Waye, Philadelphia, Pa., for appellant.

Jay L. Benedict, Jr., Dist. Atty. of Franklin County, Chambersburg, Pa., for appellee.

Before McLAUGHLIN, GANEY and SMITH, Circuit Judges.

McLAUGHLIN, Circuit Judge.

The district court denied an application for a writ of habeas corpus arising out of a state court conviction for burglary and larceny.

Appellant's first point is founded entirely upon the unwarranted assumption that certain evidence admitted in his trial was obtained by unconstitutional search and seizure. With that as his take off, he urges that Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d...

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