Wood v. Hodnett

OPINION and JUDGMENT

DALTON, District Judge.

This petition for a writ of habeas corpus questions the propriety of admitting into evidence, at petitioner’s trial for receipt of stolen property, a stolen shotgun obtained • by police officers from petitioner’s wife. Petitioner contends that the gun was illegally seized without a warrant and, consequently, the gun and any subsequent incriminating statements by him were the “fruits” of an unconstitutional search and seizure and thus should have been suppressed. To the contrary, the state argues that petition er’s wife consented to the removal of the…