Walter Darrell Morris v. Otto C. Boles, Warden of the West Virginia State Penitentiary

WINTER, Circuit Judge:

The petitioner, a former employee of a supermarket, who was convicted of grand larceny and embezzlement of a substantial quantity of its merchandise, appeals from the denial of a writ of habeas corpus, refused without plenary hearing but after full consideration of the record of proceedings of the state court in which petitioner was convicted. 1 Concededly, petitioner has exhausted available state remedies. 2 Petitioner complains of the validity of a search, initially made under warrant, the validity of which is sought to be sustained as an incident to lawful arrest,…