HUNTER v. SMYTH

No. 7532.

249 F.2d 651 (1957)

Abraham HUNTER and Linwood Jacob Sawyer, Appellants, v. W. Frank SMYTH, Jr., Superintendent, Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 25, 1957.


Attorney(s) appearing for the Case

Mathias J. DeVito, Baltimore, Md., for appellants. Abraham Hunter and Linwood Jacob Sawyer, pro se, on the brief.

Thomas M. Miller, Asst. Atty. Gen. of Virginia (Kenneth C. Patty, Atty. Gen. of Virginia, on the brief), for appellee.

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.


PER CURIAM.

This is an appeal from an order denying a petition for a writ of habeas corpus by prisoners serving sentences under the judgment of a Virginia state court. The appeal must be dismissed for lack of the certificate of probable cause required by 28 U.S.C. § 2253; but if we thought that there was merit in the appeal one of the judges of this court would grant the certificate. We are satisfied, however, that the appeal is without merit.

Appellants...

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