McCOY v. TUCKER

No. 7655.

259 F.2d 714 (1958)

Mason McCOY, Petitioner, Appellant, v. E. H. TUCKER, Warden, West Virginia State Penitentiary, Respondent, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 6, 1958.


Attorney(s) appearing for the Case

Robert D. Lewis, Asheville, N. C. (Court appointed counsel) for appellant.

Mason McCoy, pro se, on brief.

Gene Hal Williams, Asst. Atty. Gen., State of West Virginia (William Wallace Barron, Atty. Gen., and W. Bernard Smith, Asst. Atty. Gen., State of W. Va., on brief), for appellee.

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


PER CURIAM.

Mason McCoy, a prisoner in the West Virginia State Penitentiary, sentenced to a term of five to ten years after pleading guilty to a charge of incest upon his fifteen year old daughter, filed a petition for a writ of habeas corpus in the United States District Court for the Northern District of West Virginia. 28 U.S.C.A. Sec. 2253.

Eight times he has unsuccessfully sought relief by writs of habeas corpus in the Supreme Court of Appeals of West...

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