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LEE v. SMYTH

No. 7752.

262 F.2d 53 (1958)

Earl LEE, Appellant, v. W. Frank SMYTH, Jr., Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 11, 1958.

Certiorari Denied March 23, 1959.

Attorney(s) appearing for the Case

H. B. Mutter, Baltimore, Md. (Walter E. Black, Jr., Baltimore, Md., on the brief), (Court appointed counsel) for appellant.

A. S. Harrison, Jr., Atty. Gen., of Virginia, and Thomas M. Miller, Asst. Atty. Gen., of Virginia, on the brief for appellee.

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

Certiorari Denied March 23, 1959. See 79 S.Ct. 727.

SOBELOFF, Chief Judge.

The petitioner, presently completing a ten-year sentence for robbery but subject thereafter to imprisonment for another ten years under the Virginia recidivist statute, appeals from the District Court's denial of his application for a writ of habeas corpus.

The petitioner's criminal record in the Virginia state courts dates back to 1932. In that year he was convicted of house...

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