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SNEAD v. SMYTH

No. 7964.

273 F.2d 838 (1959)

John Lewis SNEAD, Appellant, v. W. Frank SMYTH, Jr., Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 16, 1959.

Attorney(s) appearing for the Case

W. A. Hall, Jr., Richmond, Va., for appellant.

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

Before SOPER, HAYNSWORTH, and BOREMAN, Circuit Judges.

SOPER, Circuit Judge.

John Lewis Snead appeals from the dismissal by the District Court of his petition for habeas corpus, wherein he sought release from prison on the ground that he was illegally detained in the Virginia State Penitentiary under a void judgment of the Circuit Court of Albemarle County, Virginia, which sentenced him to imprisonment for five years upon a conviction of grand larceny. His principal contentions are that the State court lacked jurisdiction...

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