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THOMAS v. CUNNINGHAM

No. 9324.

335 F.2d 67 (1964)

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

United States Court of Appeals Fourth Circuit.

Decided June 23, 1964.

Attorney(s) appearing for the Case

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

Lewis T. Booker, Richmond, Va., for appellee.

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

PER CURIAM.

The District Court upon remand after the first appeal, Thomas v. Cunningham, 313 F.2d 934 (4 Cir. 1963), granted Nathan Thomas a full and complete hearing on his petition for habeas corpus. An order was then passed requiring petitioner's jailor, the Superintendent of the Virginia State Penitentiary, to release him unless the State within 60 days "elects to retry him or perfects its appeal". On that appeal we affirm.

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