SNIDER v. CUNNINGHAM

No. 8267.

292 F.2d 683 (1961)

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

United States Court of Appeals Fourth Circuit.

Decided June 23, 1961.


Attorney(s) appearing for the Case

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

Clarence F. Hicks, Sp. 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.


HAYNSWORTH, Circuit Judge.

A state court prisoner, under sentence of death for the rape of a 9-year old child, filed a petition for a writ of habeas corpus in the District Court. Since the sentence was about to be executed, the writ was issued and, thereafter, a hearing was held, after which the District Judge concluded that there had been no showing of any denial of any of the prisoner's constitutional rights.1

On appeal, we remanded...

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