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PENNINGTON v. PEYTON

No. 12782.

405 F.2d 623 (1969)

Frank Edward PENNINGTON, Appellee, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellant.

United States Court of Appeals Fourth Circuit.

January 8, 1969.

Attorney(s) appearing for the Case

A. James Kauffman, Richmond, Va., for appellee.

Reno S. Harp, III, Asst. Atty. Gen., for appellant.

Before BOREMAN, BRYAN and CRAVEN, Circuit Judges.

PER CURIAM:

Frank Edward Pennington was first tried as a recidivist in March 1961 and given a one year sentence. This sentence on petitioner's motion was vacated in October of 1963 as required by Chewning v. Cunningham, 368 U.S. 443, 82 S.Ct. 498, 7 L.Ed.2d 442 (1962). A second re-trial was subsequently invalidated. At his third trial in the Circuit Court of the City of Richmond in June of 1967 he was again convicted and sentenced to...

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