KEARNEY v. PEYTON

No. 10337.

360 F.2d 589 (1966)

Scatterwood KEARNEY, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 25, 1966.


Attorney(s) appearing for the Case

R. W. Duling, Richmond, Va., Court-assigned counsel (Wicker, Baker & Goddin, Richmond, 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 SOBELOFF and J. SPENCER BELL, Circuit Judges, and HUTCHESON, District Judge.


J. SPENCER BELL, Circuit Judge:

This is an appeal from a denial of habeas corpus after a plenary hearing. Scatterwood Kearney was convicted of unlawfully wounding a police officer and sentenced to five years in the state penitentiary. At his trial he was represented by counsel of his own choosing. Upon petition for habeas corpus he raises two contentions. First, that the failure of the court to charge the jury on self-defense denied him a fair trial. And second, that...

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