SNIDER v. PEYTON

No. 11140.

384 F.2d 521 (1967)

Frank Jimmy SNIDER, Jr., Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 26, 1967.


Attorney(s) appearing for the Case

Harvey S. Lutins, Roanoke, 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 SOBELOFF and BOREMAN, Circuit Judges.


PER CURIAM:

Snider, who has long been unsuccessfully engaged in an effort to upset his conviction for rape, sought an order in the District Court enjoining the execution of the death sentence which had been imposed upon him. He asserted present insanity.

The District Court denied the requested relief after procuring Snider's transfer to the Southwestern State Hospital at Marion, Virginia, where he underwent psychiatric examination, and after having him examined...

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