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HORNE v. PEYTON

No. 10273.

356 F.2d 631 (1966)

John Everett HORNE, 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

Alton E. Bryant, Jr., Richmond, Va. (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, J. SPENCER BELL, Circuit Judge, and ALGERNON L. BUTLER, District Judge.

HAYNSWORTH, Chief Judge:

A Virginia prisoner attacks his recidivist conviction asserting fatal deficiency in his representation by his court-appointed lawyer. The lawyer had too many assigned clients, it is said, and his search for defects in the underlying conviction did not extend to an inspection of the formal court records. The District Court found no constitutional infirmity, however, and we find none.

When the Supreme Court held in Chewning v. Cunningham...

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