UNITED STATES EX REL. BROWN v. RUNDLE

No. 17229.

417 F.2d 282 (1969)

UNITED STATES of America ex rel. Clifford BROWN v. Alfred T. RUNDLE, Superintendent, State Correctional Institution at Graterford, Pennsylvania, Commonwealth of Pennsylvania, on behalf of A. T. Rundle, Warden, Appellant.

United States Court of Appeals Third Circuit.

Decided March 3, 1969.

Reargued Before Original Panel May 23, 1969.

Decided September 26, 1969.


Attorney(s) appearing for the Case

Robert F. Cox, Asst. Dist. Atty., Philadelphia, Pa., for appellant (Welsh S. White, Asst. Dist. Atty., Michael J. Rotko, Asst. Dist. Atty., Chief, Appeals Div., Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., on the brief). Joseph J. Musto, Asst. Dist. Atty., Philadelphia, Pa., (on rehearing).

John H. Lewis, Jr., Morgan, Lewis & Bockius, Philadelphia, Pa., for appellee.

Before HASTIE, Chief Judge, and SEITZ and ALDISERT, Circuit Judges.


OPINION OF THE COURT

HASTIE, Chief Judge.

This is an appeal from a judgment granting habeas corpus to the appellee Brown, a state prisoner. The writ was granted on the ground that the evidence upon which Brown was convicted included a gun and testimony that it had been found in Brown's car, and that this evidence had been obtained by unlawful search and seizure.

The state trial court, sitting without a jury, had found Brown guilty of the crimes of...

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