HEISLER v. COX

No. 13385.

431 F.2d 581 (1970)

Samuel F. HEISLER, Appellant, v. J. D. COX, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 14, 1970.


Attorney(s) appearing for the Case

George C. Christie, Durham, N. C. (Court-assigned counsel) for appellant.

W. Luke Witt, Asst. Atty. Gen. of Va. (Robert Y. Button, Atty. Gen. of Va., on the brief), for appellee.

Before BOREMAN, BRYAN and WINTER, Circuit Judges.


BOREMAN, Circuit Judge:

This is an appeal from the district court's denial of appellant's petition for a writ of habeas corpus without a hearing.

Appellant, Samuel Heisler, was indicted for statutory burglary, tried before a jury on May 26, 1965, convicted of receiving stolen goods (coins allegedly stolen from Modern Coin Shop) and sentenced to seven years' imprisonment, to which was added an additional sentence of ten years (eight years of which were suspended...

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