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LEWIS v. PEYTON

No. 10116.

352 F.2d 791 (1965)

Claude Jason LEWIS, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 2, 1965.

Attorney(s) appearing for the Case

Melvin R. Manning, Richmond, Va. (Court-assigned counsel) [Simpkins, McCaul & Pearsall, Richmond, Va., on brief], for appellant.

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

Before BRYAN and J. SPENCER BELL, Circuit Judges, and MARTIN, District Judge.

J. SPENCER, BELL, Circuit Judge:

The petitioner appeals from a denial of the writ of habeas corpus. The facts show that court was convened in the Tazewell County Courthouse on August 21, 1961; that without any order of record, the judge, the prosecutor, the sheriff, court appointed defense counsel and the petitioner next appear at the home of the prosecutrix which was located near the Town of Pocahontas, an old and nearly abandoned mining village in a sparsely settled...

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