WEBSTER v. PEYTON

Misc. No. 6557-N.

294 F.Supp. 1359 (1968)

Joseph Raymond WEBSTER, Petitioner, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Respondent.

United States District Court E. D. Virginia, Norfolk Division.

December 12, 1968.


Attorney(s) appearing for the Case

Joseph Raymond Webster, pro se.

Reno S. Harp, III, Asst. Atty. Gen., of Virginia, Richmond, Va., for respondent.


MEMORANDUM ORDER

KELLAM, District Judge.

Petitioner asserts that at his trial before the Court without a jury in the Corporation Court of Norfolk, Virginia, upon charges of (1) rape and (2) malicious wounding, "he was denied due process of law by the admission into evidence of the testimony of a witness whose testimony was incompetent" because it was not shown she understood "the meaning or consequence of an oath, whose testimony was contradictory and inherently...

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