WEAVER v. LANE

No. 16095.

382 F.2d 251 (1967)

John Thomas WEAVER, Petitioner-Appellee, v. Ward LANE, Warden of the Indiana State Prison, Respondent-Appellant.

United States Court of Appeals Seventh Circuit.

July 27, 1967.


Attorney(s) appearing for the Case

John J. Dillon, Atty. Gen. of Indiana, Douglas B. McFadden, John F. Davis, Deputy Attys. Gen., Indianapolis, Ind., for appellant.

Thomas L. Shaffer, Notre Dame, Ind., for appellee.

Before HASTINGS, Chief Judge, and KNOCH and CASTLE, Circuit Judges.


KNOCH, Circuit Judge.

The District Court granted the petition for Writ of Habeas Corpus filed by the petitioner-appellee, John Thomas Weaver, and entered an order discharging him and releasing him from custody subject to detention in custody pending review of that decision.

The District Judge conducted a full hearing on the issue of the legality of a search and seizure by the Indiana police prior to the trial in which the petitioner was convicted after jury...

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