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ALLRED v. PEYTON

No. 11573.

385 F.2d 360 (1967)

Jones C. ALLRED, Appellee, v. C.C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1967.

Attorney(s) appearing for the Case

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

Julian E. Savage, Richmond, Va., Court-appointed counsel (Minor, Thompson, Savage & Smithers, Richmond, Va., on brief), for appellee.

Before BOREMAN, BRYAN and CRAVEN, Circuit Judges.

PER CURIAM:

The sole question presented in this habeas corpus proceeding is whether appellee, Allred, properly asserted his right to the assistance of counsel in seeking and prosecuting an appeal to the Virginia Supreme Court of Appeals from a state court conviction on a rape charge. If he did, his right to the assistance of counsel for purposes of appeal was abridged in violation of the Constitution of the United States. See Douglas v. People of State of California...

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