Brown v. Wingo

PALMORE, Judge.

John Brown, Jr., appeals from a judgment of the Lyon Circuit Court denying relief on his habeas corpus petition against the warden of the Kentucky State Penitentiary.

After his conviction and sentence of death on a charge of armed robbery had been reversed in Brown v. Commonwealth, Ky., 357 S.W.2d 681 (1962), the appellant was tried again and sentenced to life imprisonment. He contends the latter conviction (which appears not to have been appealed) is void because the trial court admitted evidence against him which had been obtained through an illegal search in violation of the…