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COMMONWEALTH EX REL. CLOUTHIER v. MARONEY. (09/12/63)

September 12, 1963

COMMONWEALTH EX REL. CLOUTHIER, APPELLANT,
v.
MARONEY.



Appeal, No. 186, Oct. T., 1963, from order of Court of Common Pleas No. 1 of Philadelphia County, March T., 1963, No. 458, in case of Commonwealth ex rel. John J. Clouthier v. James F. Maroney, Superintendent. Order affirmed.

COUNSEL

John J. Clouthier, appellant, in propria persona.

Burton Satzberg and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Rhodes

[ 201 Pa. Super. Page 494]

OPINION BY RHODES, P.J.

This is an appeal by relator from an order of President Judge SLOANE of the Court of Common Pleas No. 1 of Philadelphia County, dated March 26, 1963, dismissing his petition for a writ of habeas corpus without a hearing.

Relator was indicted by the grand jury on seven indictments (Nos. 169-175, inclusive, February Sessions, 1960), each charging burglary, larceny, and receiving stolen goods. Upon arraignment relator first entered a plea of not guilty. On April 13, 1960, being then represented by counsel, relator changed his plea to guilty on all seven indictments. Sentence of seven and a half years to fifteen years at the State Correctional Institution at Philadelphia was imposed on Bill No.

[ 201 Pa. Super. Page 495169]

by Judge SPORKIN. Sentence was suspended on the six remaining bills.*fn1

On appeal relator raises the same two questions as in his original petition in the court below:

1. Relator was apprehended and arrested flagrante delicto, in the commission of a burglary, wearing a stolen coat. Search of his person disclosed a key to a locker in a bus terminal which when opened contained various articles of stolen property. Relator's first point is that this evidence was used against him in violation of his constitutional rights, and was obtained through an unreasonable search and seizure under Mapp v. Ohio, 367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081. Here, as in Com. ex rel. Marshall v. Maroney, 198 Pa. Superior Ct. 85, 87, 181 A.2d 852, 853, "The guilty plea obviated the necessity of a trial; hence, no question of a trial or conviction based on illegal evidence obtained through a possibly unreasonable search and seizure arises or is involved." To the same effect, see Com. ex rel. Kirby v. Maroney, 199 Pa. Superior Ct. 601, 186 A.2d 424. The decision in Mapp v. Ohio, supra, 367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 1081, has no application to the present petition, and in any event is generally prospective. Cf. Com. v. Mancini, 198 Pa. Superior Ct. 642, 646, 184 A.2d ...


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