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TOMPA v. COMMONWEALTH OF VIRGINIA

No. 9248.

331 F.2d 552 (1964)

Gary Lee TOMPA, Appellant, v. COMMONWEALTH OF VIRGINIA ex rel. W. K. CUNNINGHAM, Jr., Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 31, 1964.

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 HAYNSWORTH and J. SPENCER BELL, Circuit Judges, and BARKSDALE, District Judge.

BARKSDALE, District Judge:

This is an appeal from a judgment of the District Court of the Eastern District of Virginia, entered on September 6, 1963, denying a petition for a writ of habeas corpus. On November 12, 1959, petitioner, Gary Lee Tompa, armed with a gun, broke into the City Jail at Bristol, Virginia, and effected the release of Joe Patrick, a prisoner then incarcerated in the jail. Tompa effected Patrick's release, either by forcing the jailer at gunpoint...

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