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BAILEY v. SMYTH

No. 6911.

220 F.2d 954 (1955)

Jodie BAILEY, Appellant, v. W. Frank SMYTH, Jr., Superintendent, The Penitentiary, Richmond, Va., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 14, 1955.

Attorney(s) appearing for the Case

S. W. Tucker, Emporia, Va., and William Davis Butts, Newport News, Va. (Robert H. Cooley, Jr., Petersburg, Va., on the brief), for appellant.

Robert D. McIlwaine, III, Asst. Atty. Gen. of Virginia (J. Lindsay Almond, Jr., Atty. Gen. of Virginia, on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PER CURIAM.

This is an appeal from an order dismissing a petition for a writ of habeas corpus by a prisoner serving a sentence of imprisonment under the judgment of a Virginia state court. In 1950 appellant was convicted of murder in the first degree in the Circuit Court of Greensville County, Virginia; but this conviction was reversed by the Supreme Court of Appeals of Virginia on the ground that the trial court had committed prejudicial error in failing to receive...

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