OWSLEY v. PEYTON

No. 10688.

368 F.2d 1002 (1966)

Lon O. OWSLEY, Appellee, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 15, 1966.


Attorney(s) appearing for the Case

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

Eddie Cantor, Richmond, Va. (Court-assigned counsel) [Cantor & Cantor, Richmond, Va., on the brief] for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and WINTER, Circuit Judges.


PER CURIAM:

After our decision1 on Lon O. Owsley's appeal from the refusal of habeas corpus to him, he was accorded a full hearing by the District Court and awarded the writ, entitling him to release from State custody unless seasonably retried. His custodian, the Superintendent of the Virginia penitentiary, appeals. We affirm.

At the hearing on remand the testimony revealed reasonable ground for questioning Owsley's mental competency...

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