BOLLING v. SMYTH

No. 8090.

281 F.2d 192 (1960)

Joe BOLLING, Appellant, v. W. Frank SMYTH, Jr., Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 8, 1960.


Attorney(s) appearing for the Case

John H. Giezentanner, Asheville, N. C. (court-appointed counsel), for appellant.

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

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


PER CURIAM.

A Virginia recidivist filed a petition for a writ of habeas corpus in which he challenges the legality of his first and fourth convictions.

As to his first conviction in 1938, he first contends he was tried and acquitted by a jury, but, nevertheless, was sentenced to prison by the court upon a plea of guilty entered after he had been misled into the belief he was pleading to a reduced charge of a misdemeanor. A verdict of a jury finding "the defendant...

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