United States ex rel. Brown v. Rundle

OPINION OF THE COURT

HASTIE, Chief Judge.

This is an appeal from a judgment granting habeas corpus to the appellee Brown, a state prisoner. The writ was granted on the ground that the evidence upon which Brown was convicted included a gun and testimony that it had been found in Brown’s car, and that this evidence had been obtained by unlawful search and seizure.

The state trial court, sitting without a jury, had found Brown guilty of the crimes of aggravated robbery, burglary, conspiracy and carrying concealed deadly weapons. Concurrent sentences were imposed, the most severe of which was a…