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PANNELL v. CUNNINGHAM

No. 8452.

302 F.2d 633 (1962)

Clyde PANNELL, Appellant, v. W. K. CUNNINGHAM, Jr., Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 28, 1962.

Attorney(s) appearing for the Case

Louis J. Richman, Jr. (court-assigned counsel), Newport News, Va., for appellant.

Reno S. Harp, III, Asst. Atty. Gen. of Virginia (Frederick T. Gray, Atty. Gen. of Virginia, on brief), for appellee.

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

PER CURIAM.

Upon a plea of guilty to the charge of rape, Clyde Pannell was sentenced on November 20, 1956, to twenty-five years in the Virginia State Penitentiary. After unsuccessful attempts at collateral relief in the state courts, he petitioned for a writ of habeas corpus in the United States District Court for the Eastern District of Virginia. He urged three grounds to establish the invalidity of his sentence: first, the offense was committed in Tennessee and...

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