UNITED STATES EX REL. LaMOLINARE v. DUGGAN

No. 17420.

415 F.2d 730 (1969)

UNITED STATES of America ex rel. Albert LaMOLINARE, Appellant, v. Robert W. DUGGAN, District Attorney, Allegheny County, Pittsburgh, Pa., James Maroney, Supt., State Correctional Institution, Pittsburgh, Pa.

United States Court of Appeals Third Circuit.

Decided July 25, 1969.


Attorney(s) appearing for the Case

Albert LaMolinare, pro se.

Charles B. Watkins, Asst. Dist. Atty., Pittsburgh, Pa. (Robert W. Duggan, Dist. Atty. of Allegheny County, Pittsburgh, Pa., on the brief), for appellees.

Before HASTIE, Chief Judge, and McLAUGHLIN and STAHL, Circuit Judges.


OPINION OF THE COURT

HASTIE, Chief Judge.

The appellant, a state prisoner, is seeking federal habeas corpus on the ground that his conviction of larceny and receiving stolen goods resulted from a trial by a judge sitting without a jury which did not satisfy the requirements of due process of law. More particularly, he complains that the police obtained the stolen articles by an illegal search and seizure of his car and thereafter used them as evidence against...

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