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DAVIS v. SMYTH

No. 5466.

155 F.2d 3 (1946)

DAVIS v. SMYTH, Superintendent of Virginia State Penitentiary.

Circuit Court of Appeals, Fourth Circuit.

April 8, 1946.

Attorney(s) appearing for the Case

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

M. Ray Doubles, Asst. Atty. Gen., of Virginia (Abram P. Staples, Atty. Gen., of Virginia, on the brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and TIMMERMAN, District Judge.

SOPER, District Judge.

This appeal was taken from an order of the District Court of the United States for the Eastern District of Virginia whereby the petition of a prisoner in the Virginia State Penitentiary for writ of habeas corpus was denied on the ground that he had not exhausted his state remedies to secure his release in that he had not appealed to the Supreme Court of the United States or petitioned it for a writ of...

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