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MAGEE v. PEYTON

No. 9641.

343 F.2d 433 (1965)

Joseph E. MAGEE, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 11, 1965.

Attorney(s) appearing for the Case

Joseph L. Lewis, Richmond, Va. (court-assigned counsel) [Tucker, Mays, Moore & Reed, 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 J. SPENCER BELL, Circuit Judges.

J. SPENCER BELL, Circuit Judge.

The petitioner appeals from a district court order dismissing his petition for a writ of habeas corpus without a plenary hearing. Joseph E. Magee was found guilty of murder on April 12, 1961, by a jury in the Court of Hustings of the City of Portsmouth, Virginia, and received a sentence of life imprisonment. On April 14, 1961, he wrote a letter from jail to the judge who presided at his trial in which the following statement appeared...

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