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SNIDER v. SMYTH

No. 7771.

263 F.2d 372 (1959)

Frank Jimmy SNIDER, Jr., Appellant, v. W. Frank SMYTH, Jr., Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 23, 1959.

Attorney(s) appearing for the Case

T. W. Messick, Roanoke, Va. (Harvey S. Lutins, Morton Honeyman, and Stuart A. Barbour, Jr., Roanoke, Va., on brief), for appellant.

C. F. Hicks, Asst. Atty. Gen., Virginia (A. S. Harrison, Jr., Atty. Gen., Virginia, on brief), for appellee.

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

PER CURIAM.

The appellant, Frank Jimmy Snider, Jr., is in the death house of the Virginia State Penitentiary under sentence of death for rape. He has exhausted the state legal remedies. From an order of the United States District Court for the Eastern District of Virginia discharging a writ of habeas corpus, after a hearing, the case has been brought here on appeal.

It is manifest that the basic factual issue in this case has not been sufficiently explored...

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