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GOODSON v. PEYTON

No. 9697.

351 F.2d 905 (1965)

Vernon E. GOODSON, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 25, 1965.

Attorney(s) appearing for the Case

John Ritchie, Jr. (Court-assigned counsel), Richmond, Va. (Hunton, Williams, Gay, Powell & Gibson, 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 HAYNSWORTH, Chief Judge, BOREMAN, Circuit Judge, and THOMSEN, District Judge.

HAYNSWORTH, Chief Judge:

Goodson, a Virginia prisoner, was convicted in the Circuit Court of Powhatan County of an escape from imprisonment. He received a three-year sentence on the escape charge, which he now attacks upon the ground that his court-appointed lawyer was the Commonwealth's Attorney for neighboring Cumberland County.

Council Opinion No. 2, reported in the Twenty-second Annual Report of the Virginia State Bar, records the history in Virginia of...

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