White v. Swenson

MEMORANDUM AND ORDER GRANTING WRIT OF HABEAS CORPUS

JOHN W. OLIVER, District Judge.

This is a state prisoner habeas corpus case in which we need reach only the federal search and seizure question presented. For reasons we shall state, the writ must be granted. Execution of the writ, however, will be stayed in order to permit the State of Missouri to determine whether petitioner will be granted a new trial.

I

The first opinion written by the Supreme Court of Missouri in this case did not reach the federal search and seizure question on the merits. See State v. White, (Sup.Ct. of Mo.Div. 2, 1966)…