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WITCHER v. PEYTON

No. 11158.

382 F.2d 707 (1967)

Dan WITCHER, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 1, 1967.

Attorney(s) appearing for the Case

S. W. Tucker, Richmond, Va. (Ruth L. Harvey and J. L. Williams, Danville, Va., and Hill, Tucker & Marsh, Richmond, Va., on brief), for appellant.

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

Before SOBELOFF, BRYAN and CRAVEN, Circuit Judges.

SOBELOFF, Circuit Judge:

Claiming intentional and systematic discrimination against members of his race in the selection of grand and petit juries including the juries which indicted and tried him, Dan Witcher, a Negro prisoner, seeks habeas corpus relief. He is presently imprisoned pursuant to a judgment of the Circuit Court of Pittsylvania County, Virginia, having been convicted on an indictment charging attempted rape and sentenced to a term of 35 years plus one...

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