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GANGER v. PEYTON

Nos. 11102, 11103.

379 F.2d 709 (1967)

Willis Lansing GANGER, Appellee, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellant (two cases).

United States Court of Appeals Fourth Circuit.

Decided May 30, 1967.

Attorney(s) appearing for the Case

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

E. Waller Dudley, Alexandria, Va. (Court-assigned counsel), for appellee.

Before HAYNSWORTH, Chief Judge, and BOREMAN and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

This is an appeal by the Superintendent of the Virginia State Penitentiary from a judgment of the district court vacating and setting aside two sentences of imprisonment imposed upon Ganger by circuit courts of Virginia.

The King George County Conviction

Ganger was convicted on September 27, 1963, and sentenced to a term of five years in the penitentiary for the offense of indecent exposure. The district judge was of...

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