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DOVE v. PEYTON

No. 9611.

343 F.2d 210 (1965)

Charles H. DOVE, Jr., Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 5, 1965.

Attorney(s) appearing for the Case

Evans B. Brasfield, Richmond, Va. (court-assigned counsel) [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 SOBELOFF, BRYAN and BELL, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

Now serving two concurrent terms of eight years each in the Virginia penitentiary, Charles H. Dove, Jr. applied to the District Court for release on habeas corpus upon the ground that in his trial he was deprived of due process and the equal protection of the laws. The abridgment asserted consists of this: (1) that he was prosecuted for one crime, accessory to armed robbery, but convicted of another, the receiving of stolen property...

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