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JONES v. PEYTON

Nos. 12165, 12288.

411 F.2d 857 (1969)

James Lee JONES, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee. William IPOCK, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 2, 1969.

Attorney(s) appearing for the Case

John D. Johnston, Jr., Durham, N. C. (Court-appointed counsel), for appellants.

W. Luke Witt, Asst. Atty. Gen. of Virginia (Robert Y. Button, Atty. Gen. of Virginia, and Reno S. Harp, III, Asst. Atty. Gen. of Virginia, on brief), for appellee.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.

SOBELOFF, Circuit Judge:

Appellants William Ipock and James Lee Jones were arrested "for being of ill fame for being night-prowlers"1 in the circumstances detailed below. Shortly after the arrests, they were searched by the police and evidence was discovered incriminating them in a burglary the commission of which had not yet become known to the police. The ill fame or prowling charges were abandoned, but indictments for statutory burglary...

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