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WILLIAMS v. PEYTON

No. 13183.

414 F.2d 776 (1969)

James H. WILLIAMS, Appellee, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellant.

United States Court of Appeals Fourth Circuit.

Decided July 22, 1969.

Attorney(s) appearing for the Case

Edward J. White, Asst. Atty. Gen., of Va. (Robert Y. Button, Atty. Gen., and Reno S. Harp, III, Asst. Atty. Gen. of Virginia, on brief), for appellant.

William C. Mach, Petersburg, Va., [Morton B. Spero, Petersburg, Va. (Court-assigned counsel), on brief], for appellee.

Before SOBELOFF, WINTER and BUTZNER, Circuit Judges.

SOBELOFF, Circuit Judge:

The Commonwealth of Virginia appeals from an order of the District Court granting a writ of habeas corpus to James Howell Williams, a Virginia prisoner currently serving an eight-year sentence for statutory burglary.

The petitioner was tried without a jury in the Petersburg City Hustings Court, and, following his conviction, was sentenced on February 5, 1965. A petition for a writ of error...

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