United States of America Ex Rel. Richard J. Manduchi v. Jack Tracy, Warden, Lancaster County Prison

McLAUGHLIN, Circuit Judge.

Appellee had been convicted of the misdemeanor of bookmaking in the Commonwealth of Pennsylvania Court of Quarter Sessions of Lancaster County. The conviction was affirmed on appeal and while serving the prison term of his sentence he instituted this habeas corpus proceeding in the district court. It was there conceded by respondent-appellant that on the Fourteenth Amendment Due Process Clause question here involved petitioner-appellee’s state remedies had been effectively exhausted.

In the state trial, crucial evidence obtained as a result of searching appellee’s…