TWIFORD v. PEYTON

No. 10741.

372 F.2d 670 (1967)

Norman F. TWIFORD, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 6, 1967.


Attorney(s) appearing for the Case

John J. Kirby, Jr., (Court-assigned counsel), Charlottesville, Va., 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 WINTER and CRAVEN, Circuit Judges.


WINTER, Circuit Judge:

Whether effective assistance of counsel was denied appellant, not from any lack of competency on the part of his court-appointed attorney, but from the combination of his late appointment and the denial of a continuance to allow a proper investigation of the defense, is the question to be decided. The district court thought not and denied habeas corpus. We think otherwise and reverse.

Appellant is confined in the service of two consecutive...

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