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NEAR v. CUNNINGHAM

No. 8713.

313 F.2d 929 (1963)

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

United States Court of Appeals Fourth Circuit.

Decided January 7, 1963.

Attorney(s) appearing for the Case

W. A. Hall, Jr., Richmond, Va. (Robert Randolph Jones, and W. Griffith Purcell, Richmond, Va., on brief), for appellant.

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

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

J. SPENCER BELL, Circuit Judge.

This is an appeal from a denial by the District Court for the Eastern District of Virginia of a petition for a Writ of Habeas Corpus.

On December 8, 1958, Clyde Raymond Near, the petitioner, was indicted for murder by the grand jury of Powhatan County, Virginia. On January 6, 1959, an attorney was appointed to represent petitioner. Trial was held in the Circuit Court of Powhatan County on May 26 and 27, 1959. The jury found...

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