Fierst v. Commonwealth

Appellant, Mack Wilson Fierst, having waived a jury, was tried by the court and found guilty of statutory burglary and unlawful possession of narcotics in excess of 25 grains. He was sentenced to confinement in the State Penitentiary for ten years on the statutory burglary conviction and for twenty years and payment of a fine of $1000 on the narcotics conviction, the sentences to run consecutively. We granted writs of error to review both judgments of conviction.

The numerous assignments of error present these two main contentions: (1) the convictions are based upon evidence obtained through…