HAWLEY v. COMMONWEALTH


144 S.E.2d 314 (1965)

206 Va. 479

John Edward HAWLEY v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

October 11, 1965.


Attorney(s) appearing for the Case

Frederick T. Stant, Jr., Norfolk (Thomas W. Moss, Jr., Roger T. Williams, Stant, Moss, Rafal & Stokes, Norfolk, on brief), for plaintiff in error.

D. Gardiner Tyler, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., on brief), for defendant in error.

Before SPRATLEY, BUCHANAN, SNEAD, I'ANSON, CARRICO and GORDON, JJ.


GORDON, Justice.

The defendant, John Edward Hawley, asks us to set aside his conviction of statutory burglary because the conviction rested on illegally obtained evidence that he had possession of the stolen property shortly after the crime was committed. This evidence, the defendant says, was procured by an unreasonable search of a Chrysler automobile, in violation of his constitutional rights, and was therefore inadmissible.

On November 15, 1963, a dwelling...

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