United States of America Ex Rel. Edwin W. Gockley v. David N. Myers, Superintendent, State Correctional Institution, Graterford, Pennsylvania

OPINION OF THE COURT

HASTIE, Circuit Judge.

This appeal by a state prisoner from a denial, without plenary hearing, of his petition for habeas corpus presents two principal contentions; that the government’s case included evidence obtained by unreasonable search and seizure and that coerced incriminating statements were introduced as evidence against him. The charge was murder and the petitioner was convicted of murder in the second degree and sentenced to imprisonment for not less than ten and not more than twenty years.

At appellant’s trial the prosecution introduced certain items discovered…