United States Ex Rel. Eastman v. Fay

TYLER, District Judge.

On March 14, 1956, Cuthbert Eastman (“petitioner”) was convicted in the County Court of Kings County of the felony of possession of narcotics with intent to sell. He is currently serving the 7x/2 to 15 years sentence imposed upon him. On July 23,1963, he filed the present application for a writ of habeas corpus on the grounds that both his Fourth Amendment (unreasonable search and seizure) and Fifth Amendment (double jeopardy) rights had been violated. Since in my view the petitioner has exhausted his state remedies, I will consider the merits of both grounds of his…