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PRUITT v. PEYTON

No. 9436.

338 F.2d 859 (1964)

Calvin W. PRUITT, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 19, 1964.

Attorney(s) appearing for the Case

Michael L. Soffin, 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 HAYNSWORTH, BRYAN and J. SPENCER BELL, Circuit Judges.

J. SPENCER BELL, Circuit Judge:

Has the prisoner deliberately bypassed the state court procedures available to him and thereby forfeited his right to a federal court hearing? The district court so held and dismissed his petition for a writ of habeas corpus without an evidential hearing.

On May 15, 1958, Pruitt was tried and convicted in the Circuit Court of Caroline County, Virginia, by the court sitting without a jury, on two separate charges of armed robbery...

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