United States of America Ex Rel. Joseph Coffey, Relator-Appellee v. Hon. Edward M. Fay, as Warden, Green Haven Prison, Stormville, New York

WATERMAN, Circuit Judge.

Joseph Coffey was tried in the New York County Court of General Sessions, convicted by a jury of burglary in the third degree, and sentenced to six to ten years in prison. The principal items of evidence against Coffey at his trial were the proceeds of the burglary, diamonds from Cartier’s jewelry store. These had been found by the police on his companion, Kingdon “Bill” DeNormand, at the time when the two men were arrested. At his trial Coffey objected in vain to the admission of this evidence, in part on the ground that the arrest and search had been conducted…