Jack Lewis Katz v. C. C. Peyton

HAYNSWORTH, Circuit Judge:

This prisoner sought habeas corpus upon the ground that he was convicted in the state court on evidence obtained as a result of an illegal search. The District Court found that the search was incident to a lawful arrest. We agree and need add little to what the District Court said in its opinion. 1

One afternoon in September 1962, the petitioner, Katz, managed to remove some 256 cartons of cigarettes from two supermarkets without paying for them. Packed in market bags, sixteen cartons to the bag, the cartons of cigarettes were stored in the trunk and the rear compart…