LEAKE v. COX

No. 14227.

432 F.2d 982 (1970)

Vincent K. LEAKE, Appellant, v. J. D. COX, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 8, 1970.


Attorney(s) appearing for the Case

R. Gordon Smith, Richmond, Va., and H. Lane Kneedler, Charlottesville, Va. (court-assigned), for appellant.

Vann H. Lefcoe, Asst. Atty. Gen. of Va., (Andrew P. Miller, Atty. Gen., and Edward J. White, Asst. Atty. Gen., on brief), for appellee.

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


WINTER, Circuit Judge:

The petitioner, a state prisoner convicted of forging and uttering, sought a writ of habeas corpus on the ground that his constitutional rights were violated when at his trial evidence was adduced that after his arrest he refused to give handwriting exemplars or to make an oral statement, and the prosecutor argued to the jury that these refusals constituted evidence of guilt. The district judge accepted a state court determination that the prosecutor...

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