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YATES v. PEYTON

No. 10932.

378 F.2d 57 (1967)

Bobby Ray YATES, Appellant, v. C. C. PEYTON, Superintendent, Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 30, 1967.

Attorney(s) appearing for the Case

Joseph B. Benedetti, Richmond, Va. (Court-assigned counsel) [Minor, Thompson, Savage, White & Smithers, 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 HAYNSWORTH, Chief Judge, and BRYAN and CRAVEN, Circuit Judges.

PER CURIAM:

This Virginia prisoner was tried and convicted in Cumberland County, in which we are told there are only two practicing attorneys, one of whom is the Commonwealth's Attorney and the other a part-time judge of an inferior court. The Trial Judge assigned the Commonwealth's Attorney of adjoining Powhatan County to represent Yates, and the suggestion of conflicting interest is the primary ground of this appeal.

Yates, of course, was tried before the...

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