MITCHELL v. YOUELL

No. 4954.

130 F.2d 880 (1942)

MITCHELL v. YOUELL, Superintendent of Virginia State Penitentiary.

Circuit Court of Appeals, Fourth Circuit.

October 7, 1942.


Attorney(s) appearing for the Case

W. A. Hall, Jr., of Richmond, Va., for appellant.

Walter E. Rogers, Asst. Atty. Gen., of Virginia (Abram P. Staples, Atty. Gen., of Virginia, and Carrington Thompson, Sp. Asst. to the Atty. Gen., of Virginia, on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.


PARKER, Circuit Judge.

This is an appeal in a habeas corpus case in which the petitioner contends that his conviction and sentence by the Circuit Court of Patrick County, Virginia, was had under such circumstance as to amount to a denial of due process of law in violation of the 14th Amendment to the Constitution of the United States. Petitioner, having exhausted his remedies in the state courts, including petition to the Supreme Court of Appeals of the state for...

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