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SANDERLIN v. SMYTH

No. 5121.

138 F.2d 729 (1943)

SANDERLIN v. SMYTH.

Circuit Court of Appeals, Fourth Circuit.

November 8, 1943.

Attorney(s) appearing for the Case

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

Walter E. Rogers, Asst. Atty. Gen. (Abram P. Staples, Atty. Gen., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from an order of the United States District Court for the Eastern District of Virginia quashing a writ of habeas corpus, dismissing the petition for the writ and remanding petitioner to the custody of the Superintendent of the Virginia State Penitentiary by whom he was held pursuant to a judgment and sentence of the Circuit Court of Norfolk County, Virginia. In the year 1940, the petitioner was indicted, tried and found guilty...

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