United States ex rel. Gallagher v. Rundle

MEMORANDUM OPINION

FULLAM, District Judge.

Relator, Owen Leroy Gallagher, and one Charles Ghaul were apprehended walking along a highway about five miles from Harrisburg in the early morning hours of January 17, 1963. A burglary had occurred in Harrisburg a few hours earlier, and two men had been seen fleeing from the scene. An automobile registered in the name of Ghaul’s wife was found parked near the site of the burglary, with its trunk open; and there was evidence from which a jury could properly have concluded that tools owned by Ghaul and used in breaking into the burglarized building were…