UNITED STATES v. RUNDLE

Misc. No. 3519.

269 F.Supp. 1017 (1967)

UNITED STATES of America ex rel. Otis FOOSE v. Alfred T. RUNDLE, Sup't. State Correctional Institution, Graterford, Pennsylvania.

United States District Court E. D. Pennsylvania.

June 28, 1967.


Attorney(s) appearing for the Case

Melvin Dildine, Defender Assn. of Philadelphia, Philadelphia, Pa., for plaintiff.

Richard S. Lowe, Dist. Atty., Anthony J. Scirica, Asst. Dist. Atty., Norristown, Pa., for defendant.


MEMORANDUM

JOHN W. LORD, Jr., District Judge.

Relator has applied for a writ of habeas corpus. He alleges that a gun introduced into evidence at his trial was the object of an unconstitutional search and seizure. An order to show cause was issued followed by an evidentiary hearing. Counsel was appointed to represent relator at the hearing. We conclude that the writ should be denied.

Although relator never took an appeal from his conviction, he presented...

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