Com. ex rel. Ensor v. Cummings

• Court: Pennsylvania Superior Court
• Writing for the Court: Author: Per Curiam
• Citation: Com. ex rel. Ensor v. Cummings, 201 A.2d 291, 204 Pa.Super. 1 (Pa. Super. Ct. 1964)
• Decision Date: 11 June 1964
• Parties: COMMONWEALTH of Pennsylvania ex rel. Thelma Adele ENSOR, Appellant, v. Charlotte C. CUMMINGS et al.

Page 291

201 A.2d 291

204 Pa.Super. 1

COMMONWEALTH of Pennsylvania ex rel. Thelma Adele ENSOR, Appellant, v. Charlotte C. CUMMINGS et al.

Superior Court of Pennsylvania.

June 11, 1964.

Application for Allocatur Granted Aug. 13, 1964.

Martin Vinikoor, Vinikoor, Fein, Criden & Johandon, Stanford Shmukler, Philadelphia, for appellant.

Daniel W. Shoemaker, Dist. Atty. of York County, John T. Miller, First Asst. Dist. Atty., York, for appellee.

Before RHODES, P. J., and ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY and FLOOD, JJ.

PER CURIAM:

The issues raised by the petitioner were considered and decided by this Court when, on direct appeal, it affirmed her conviction. Commonwealth v. Campbell, 196 Pa.Super. 380, 175 A.2d 324 (1961). Both the Supreme Court of Pennsylvania and the Supreme Court of the United States refused to review our decision in that case. Allocatur refused, 196 Pa.Super. xxx (1961), certiorari denied, 371 U.S. 901, 83 S.Ct., 203, 9 L.Ed.2d 164 (1962).

In United States ex rel. Campbell v. Rundle, 327 F.2d 153 (1964), the United States Court of Appeals for the Third Circuit, while affirming the District Court's denial of Campbell's subsequent petition for a writ of habeas corpus because he had not exhausted the remedies available to him in the courts of Pennsylvania, took occasion to say that the search warrant was invalid. It did not, however, comment upon the Pennsylvania rule that if the issue of the invalidity of the search and seizure is not raised by pretrial motion or at the trial, it is waived. Commonwealth v. Puntari, 198 Pa.Super. 70, 181 A.2d 719 (1962), allocatur refused, 198 Pa.Super. xxviii (1962), certiorari denied, 372 U.S. 708, 83 S.Ct. 1021, 10 L.Ed.2d...