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WITCHER v. PEYTON

No. 12025.

405 F.2d 725 (1969)

Dan WITCHER, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 10, 1969.

Attorney(s) appearing for the Case

Ruth L. Harvey, Danville, Va., and S. W. Tucker, Richmond, Va. (Hill, Tucker & Marsh, Richmond, Va., J. L. Williams, Danville, Va., Jack Greenberg and James M. Nabrit, III, New York City, on the 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 the brief), for appellee.

Before BRYAN and CRAVEN, Circuit Judges, and MacKENZIE, District Judge.

CRAVEN, Circuit Judge:

In January 1963 Dan Witcher was convicted by a jury in the Circuit Court of Pittsylvania County, Virginia, on an indictment charging attempted rape and was sentenced to a term of 35 years and one day, the sentence also having been imposed by the jury.1 After unsuccessfully applying for habeas corpus relief in the state courts and in the federal district court, Witcher sought...

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