Commonwealth Ex Rel. Marshall v. Maroney

Opinion by

Watkins, J.,

This is an appeal from the dismissal of a writ of habeas corpus by the Court of Common Pleas of Allegheny County, without a hearing.

The petitioner, Ernest Marshall, was indicted and pleaded guilty to three counts of a bill of indictment charging as follows: (1) Possession and control of narcotics; (2) Dealing with narcotics; and (3) Using narcotics. He entered a plea of guilty and was sentenced on November 2, 1959 to a term of 2% to 5 years in the Western State Penitentiary.

His present petition raises questions of trial errors involving illegal search and seizure. All…