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MARTIN v. COMMONWEALTH OF VIRGINIA

No. 10470.

365 F.2d 549 (1966)

James Edward MARTIN, Appellee, v. COMMONWEALTH OF VIRGINIA and C. C. Peyton, Superintendent of the Virginia State Penitentiary, Appellants.

United States Court of Appeals Fourth Circuit.

Decided July 26, 1966.

Attorney(s) appearing for the Case

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

Ivy P. Blue, Jr., Richmond, Va., Court-assigned counsel (Blue, Gordon, Saunders & Neblett, Richmond, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BOREMAN, Circuit Judges.

SOBELOFF, Circuit Judge:

The Commonwealth of Virginia here appeals from the District Court's order vacating a state court's judgment of conviction and directing a new trial. For reasons to be stated we affirm.

On August 9, 1960, James Edward Martin and two other Negro prisoners escaped from a road gang in Montgomery County, Virginia. Sometime the next evening they came upon the house of Mr. Joseph E. "Ted" Willard, whose automobile was parked in his driveway...

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