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HOLLY v. SMYTH

No. 8058.

280 F.2d 536 (1960)

Willie HOLLY, Appellant, v. W. Frank SMYTH, Jr., Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 3, 1960.

Attorney(s) appearing for the Case

F. D. G. Ribble and Daniel J. Meador, Charlottesville, Va. (court-apointed 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.

SOBELOFF, Chief Judge.

The constantly recurring problem of a defendant's right to counsel in a criminal case is the issue in this habeas corpus appeal. Willie Holly, presently confined in the Virginia State Penitentiary, petitioned the United States District Court for the Eastern District of Virginia for a writ of habeas corpus, alleging that he was being deprived of his liberty by the appellee, the Superintendent of the Penitentiary, in violation of the United States...

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