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WALTON v. PEYTON

No. 10406.

360 F.2d 935 (1966)

Clarence James WALTON, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 10, 1966.

Attorney(s) appearing for the Case

Lee R. Gordon, Richmond, Va. (Court-assigned counsel) (Blue, Gordon, Saunders & Neblett, 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 BOREMAN, Circuit Judges.

PER CURIAM:

The District Court dismissed petitioner's habeas corpus petition without a hearing, having determined that the facts relevant to the constitutional issues1 raised by the petition had been found adversely to petitioner by the Virginia court in which he had unsuccessfully sought habeas corpus relief prior to the filing of his federal petition.

Walton objects to the lower court's use of the transcript of proceedings in...

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