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STEWART v. SMYTH

No. 8294.

288 F.2d 362 (1961)

Albert STEWART, Appellant, v. W. Frank SMYTH, Jr., Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 5, 1961.

Attorney(s) appearing for the Case

Marc Jacobson, Norfolk, Va., 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.

Albert Stewart, a prisoner of the State of Virginia, appeals from an order of the United States District Court for the Eastern District of Virginia, denying his petition for a writ of habeas corpus and remanding him to the custody of the Superintendent of the Virginia State Penitentiary.

In January 1941, Stewart was convicted, on his plea of guilty, in the Hustings Court for the City of Roanoke, Virginia, of housebreaking and was sentenced to serve...

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