State v. Richter

Otis, Justice.

Defendant seeks to vacate a 1951 conviction for grand larceny, claiming that an unconstitutional search and seizure induced his plea *308of guilty. Thus, we are confronted again with the issue of whether Mapp v. Ohio, 367 U. S. 643, 81 S. Ct. 1684, 6 L. ed. (2d) 1081, 84 A. L. R. (2d) 933 (1961), rehearing denied, 368 U. S. 871, 82 S. Ct. 23, 7 L. ed. (2d) 72, has retroactive application.1

The trial court denied defendant’s petition without a hearing and without appointing counsel, stating in effect that Mapp had no bearing where no evidence, tainted or otherwise, was introduced. The…