THOMAS v. CUNNINGHAM

No. 8650.

313 F.2d 934 (1963)

Nathan THOMAS, Appellant, v. W. K. CUNNINGHAM, Jr., Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 8, 1963.


Attorney(s) appearing for the Case

W. A. Hall, Jr., Richmond, Va., 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, and HAYNSWORTH and J. SPENCER BELL, Circuit Judges.


SOBELOFF, Chief Judge.

A state prisoner here seeks release on habeas corpus, claiming that he was placed on trial in the Virginia courts despite an uncontroverted showing that he was insane. The District Court dismissed the petition without a hearing but granted a certificate of probable cause for this appeal, "being of the opinion that a substantial question with regard to the allegations of insanity is presented."

Nathan Thomas alleged that he was indicted...

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