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MORRISON v. SMYTH

No. 7972.

273 F.2d 544 (1960)

Harry MORRISON, Appellant, v. W. Frank SMYTH, Jr., Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 4, 1960.

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, and Thomas M. Miller, Asst. Atty. Gen. of Virginia, on brief), for appellee.

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

SOBELOFF, Chief Judge.

Harry Morrison petitioned the United States District Court for the Eastern District of Virginia for a writ of habeas corpus on July 17, 1959, and this is his appeal from the order of that court dismissing his petition. Morrison had been convicted on December 14, 1948, in the Circuit Court of the City of Richmond, Virginia, as a fourth offender under the Virginia recidivist statute, Code of Virginia...

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