TUNE v. CUNNINGHAM

No. 8924.

319 F.2d 823 (1963)

Jonnie TUNE, Appellant, v. W. K. CUNNINGHAM, Jr., Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 9, 1963.


Attorney(s) appearing for the Case

Lewis T. Booker, Richmond, Va. (Court-assigned counsel), for appellant.

Reno S. Harp, III, Asst. Atty. Gen. of Virginia (Robert Y. Button, Atty. Gen. of Virginia, on brief), for appellee.

Before SOBELOFF, Chief Judge, J. SPENCER BELL, Circuit Judge, and BARKSDALE, District Judge.


SOBELOFF, Chief Judge.

The appellant, Jonnie Tune, who was committed to the Virginia State Penitentiary on successive sentences imposed by the state court, has been endeavoring for more than four years to gain release on habeas corpus. Until this appeal his principal contention was that he had been denied counsel in his original trial in 1938 when he was convicted on several counts for felony. At one time his petition for certiorari was denied by the Supreme Court...

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