CAUDILL v. PEYTON

No. 10553.

368 F.2d 563 (1966)

George H. CAUDILL, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 21, 1966.


Attorney(s) appearing for the Case

Edwin P. Munson, Richmond, Va. (Court-assigned counsel) [Williams, Mullen & Christian, Richmond, Va., on brief], for appellant.

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

Before HAYNSWORTH, Chief Judge, and SOBELOFF and J. SPENCER BELL, Circuit Judges.


J. SPENCER BELL, Circuit Judge:

This is an appeal from the district court's denial of a writ of habeas corpus after a plenary hearing. The petitioner contends that he lacked the assistance of counsel at critical stages of his pre-trial and the effective assistance of counsel at his trial because the issues of capacity to stand trial and of his mental status at the time of the alleged offense were not raised at his trial. The record itself, as pointed out by the district...

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