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MOSES v. PEYTON

No. 9546.

340 F.2d 209 (1965)

William Robert MOSES, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 8, 1965.

Attorney(s) appearing for the Case

Robert M. White, Norfolk, Va. (Court-assigned counsel) [Wallerstein, Goode, Adamson & Dobbins, 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, and SOBELOFF and J. SPENCER BELL, Circuit Judges.

PER CURIAM:

This petition for habeas corpus, filed by William Robert Moses, makes the claim that he was denied his constitutional right to the assistance of counsel at his original trial in 1945. The record shows that the petitioner was offered counsel by the trial judge and that this offer was rejected. Petitioner makes the claim that it was improper for the court to permit him to waive his right to counsel because he was "blacked out" at the time of his trial and...

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