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STROUTH v. PEYTON

No. 12478.

404 F.2d 537 (1968)

Paul Duval STROUTH, a/k/a Paul D. Strouth and as Duval Strouth, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 27, 1968.

Attorney(s) appearing for the Case

Benjamin F. Sutherland, Clintwood, Va. (Court-appointed counsel) 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 BRYAN and CRAVEN, Circuit Judges.

HAYNSWORTH, Chief Judge:

The District Court dismissed this state prisoner's application for a writ of habeas corpus because of nonexhaustion of state remedies. In the special circumstances of the case we think that a further attempt to exhaust state remedies should be required.

In April 1966, the prisoner sought to attack, principally, a 1958 conviction. He alleged in his petition that he was then serving that sentence, contesting the state's listing of sentence...

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