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BRADLEY v. SMYTH

No. 7595.

255 F.2d 45 (1958)

C. C. (Dock) BRADLEY, Appellant, v. W. Frank SMYTH, Jr., Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 25, 1958.

Attorney(s) appearing for the Case

Joseph E. Baker, Norfolk, Va. (Court appointed counsel), for appellant.

Reno S. Harp, III, Asst. Atty. Gen. of Virginia (A. S. Harrison, Jr., Atty. Gen. of Virginia, and Thomas M. Miller, Asst. Atty. Gen. of Virginia, on brief), for appellee.

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

HAYNSWORTH, Circuit Judge.

In 1939, in the Circuit Court of the County of Russell, Virginia, petitioner was convicted of rape, upon a plea of guilty, and sentenced to forty years imprisonment in the Virginia State Penitentiary. After exhausting his state remedies, he filed in the District Court a petition for a writ of habeas corpus, asserting that he was not represented by counsel, nor offered the services of counsel, in the proceedings in which he was sentenced...

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