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VESS v. PEYTON

No. 10017.

352 F.2d 325 (1965)

Ernest M. VESS, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 28, 1965.

Attorney(s) appearing for the Case

Henry H. McVey, III, Richmond, Va. (Court-assigned counsel) [Battle, Neal, Harris, Minor & Williams, 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 BELL, Circuit Judges, and MARTIN, District Judge.

PER CURIAM.

Upon his plea of guilty, Ernest M. Vess was convicted on May 21, 1962 in the Circuit Court of Roanoke County, Virginia, of the first-degree murder of his wife, December 1, 1961, and sentenced to life imprisonment. Exhausting his remedies in the State courts without success, he petitioned the District Court for release through habeas corpus.

The grounds of his petition are that his conviction is a nullity because he did not have the assistance of...

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