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GILLESPIE v. PEYTON

No. 12046.

399 F.2d 683 (1968)

Paul M. GILLESPIE, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 22, 1968.

Attorney(s) appearing for the Case

William R. Marshall, Jr. (Court-assigned counsel), Richmond, Va. [Minor Thompson, Savage & Smithers, Richmond, Va., on brief], for appellant.

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

Before SOBELOFF, WINTER and BUTZNER, Circuit Judges.

SOBELOFF, Circuit Judge:

Paul M. Gillespie, a Virginia prisoner presently serving two unrelated sentences, one for murder and the other for malicious wounding, appeals from an order of the District Court denying his petition for a writ of habeas corpus. Proceeding in forma pauperis, appellant attacks only the life sentence imposed for the murder conviction. He contends that he was denied assistance of counsel in his interrogation by the police and that therefore the...

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