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KIBERT v. PEYTON

No. 11126.

383 F.2d 566 (1967)

Jessie KIBERT, 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

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

John J. Kirby, Jr., Charlottesville, Va. (Court-assigned counsel), for appellant.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BRYAN, Circuit Judges.

SOBELOFF, Circuit Judge:

Petitioner, Jessie Kibert, was convicted in a Virginia court on two counts charging first degree murder and given two life sentences, "to be served concurrently." He appeals from the District Court's denial of his petition for a writ of habeas corpus, wherein he alleged that at the time of his trial he was insane and completely incompetent to understand the charges against him and the pleas of guilty entered on his behalf.

With his...

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