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TUCKER v. PEYTON

No. 10246.

357 F.2d 115 (1966)

Thomas Ribble TUCKER, Jr., Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 24, 1966.

Attorney(s) appearing for the Case

Robert Gordon Smith, Richmond, Va. (Court-assigned counsel) [Battle, Neal, Harris, Minor & Williams, Charlottesville, Va., on brief], for appellant.

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

Before HAYNSWORTH, Chief Judge, J. SPENCER BELL, Circuit Judge, and ALGERNON L. BUTLER, District Judge.

HAYNSWORTH, Chief Judge:

In this habeas corpus proceeding, a Virginia state prisoner attacks sentences he has fully served without questioning the validity of the sentence under which, the Commonwealth contends, he is currently being held. His theory is that, if the earlier sentences were invalid, his commencement of service of subsequent sentences would be advanced, and that, if his subsequent custody is attributable to the valid sentences, he has fully served them...

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