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REES v. PEYTON

No. 9410.

341 F.2d 859 (1965)

Melvin Davis REES, Jr., Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 1, 1965.

Attorney(s) appearing for the Case

S. White Rhyne, Jr., Washington, D. C. (Charles A. Dukes, Jr., Green, Babcock & Dukes, Hyattsville, Md., and Mullin & Connor, Washington, D. C., on the brief), for appellant.

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

Before SOBELOFF, Chief Judge, and HAYNSWORTH, BOREMAN, BRYAN and BELL, Circuit Judges, sitting en banc.

ALBERT V. BRYAN, Circuit Judge:

By habeas corpus in the District Court Melvin Davis Rees, Jr. seasonably but unsuccessfully attacked, as unconstitutional, his trial, conviction and sentence of death in a Virginia court for the murder of Carroll Vernon Jackson, Jr. On his appeal we find no entrenchment upon his rights in the criminal trial. Nor do we see error in the conduct of the habeas corpus hearing. Discharge of the writ will be affirmed.

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