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SHUMAN v. PEYTON

No. 10152.

361 F.2d 646 (1966)

Robert J. SHUMAN, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 30, 1966.

Attorney(s) appearing for the Case

Samuel B. Witt, III, Richmond, Va. (court-assigned counsel), for appellant.

Reno S. Harp, III, Asst. Atty. Gen., of Virginia (Robert Y. Button, Atty. Gen., of Virginia, on brief), for appellee.

Before BOREMAN and BELL, Circuit Judges, and MICHIE, District Judge.

MICHIE, District Judge:

This cause arises on an appeal from denial of a writ of habeas corpus. The petitioner, Shuman, on January 23, 1958 plead guilty to a second degree murder charge and was sentenced by the Circuit Court of Westmoreland County to ten years in the Virginia State Penitentiary. He filed a petition for writ of habeas corpus with the Supreme Court of Appeals of Virginia which was denied on January 22, 1964. On July 10, 1964 Shuman petitioned the United...

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