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UNITED STATES EX REL. HENDERSON v. BRIERLEY

No. 4302.

300 F.Supp. 638 (1969)

UNITED STATES of America ex rel. Robert HENDERSON v. Joseph R. BRIERLEY.

United States District Court E. D. Pennsylvania.

June 16, 1969.

Attorney(s) appearing for the Case

Clifford H. Swain, court-appointed Philadelphia, Pa., for relator.

James F. Heinley, Asst. Dist. Atty., Lancaster County, Pa., for defendant.

OPINION

JOSEPH S. LORD, III, District Judge.

Relator was convicted by a jury of six counts of burglary and larceny on March 28, 1967 in the Lancaster County Court of Quarter Sessions, December Term, 1966, on Bill of Indictment No. 285, and sentenced to serve five to ten years in prison. He attacks his conviction on two grounds: (1) that evidence introduced at his trial was unconstitutionally seized as a result of (a) a search warrant issued without probable...

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