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PERKINS v. PEYTON

No. 10504.

369 F.2d 590 (1966)

David Lawrence PERKINS, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 21, 1966.

Attorney(s) appearing for the Case

George C. Cochran, Dallas, Tex. (Court-assigned counsel), for appellant.

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

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

HAYNSWORTH, Chief Judge:

Perkins attacks his sentence — service computation under multiple convictions on "bad-check" charges in Virginia. His habeas corpus petition was denied on the ground that interpretation of the judgment orders was a question of state law, involving no federal question. Under the extraordinary circumstances of this case, we think there is a federal question which calls for affirmative relief.

Before 1962, Perkins had no confirmed...

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