BROWN v. SMYTH

No. 7896.

271 F.2d 227 (1959)

George BROWN, Jr., Appellant, v. W. Frank SMYTH, Jr., Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 19, 1959.


Attorney(s) appearing for the Case

Charles W. Laughlin, Richmond, Va. (Court-appointed counsel) for appellant (George Brown, Jr., pro se, on brief).

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

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


SOBELOFF, Chief Judge.

The appellant is serving a life term in the Virginia State Penitentiary for robbery with a deadly weapon. The District Court denied his petition for a writ of habeas corpus, brought after he had exhausted his state remedies, including application for certiorari which was denied by the Supreme Court of the United States, Brown v. Smyth, 1958, 358 U.S. 854, 79 S.Ct. 83, 3 L.Ed.2d 88.

The sole contention of the petitioner which merits consideration...

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