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KIRBY v. COX

No. 14548.

435 F.2d 684 (1970)

Robert Woodford KIRBY, Appellant, v. J. D. COX, Superintendent, Virginia State Penitentiary, Richmond, Virginia, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 21, 1970.

Attorney(s) appearing for the Case

James P. Jones, Abingdon, Va. (Court-assigned counsel) [Penn, Stuart & Eskridge, Abingdon, Va., on brief] for appellant.

William P. Robinson, Jr., Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and BUTZNER, Circuit Judges.

PER CURIAM:

On appeal from a denial of habeas corpus relief, Kirby contests the constitutionality of the seizure from his automobile of burglary tools, which led to his conviction in 1967 for burglary and possession of burglary tools. We affirm.

At approximately 3:00 a. m. on August 28, 1967 Police Officer Glass was on routine patrol when he observed Kirby's automobile at a closed service station. Kirby was in front of the automobile apparently looking under...

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