TERRY v. PEYTON

No. 13328.

433 F.2d 1016 (1970)

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

United States Court of Appeals, Fourth Circuit.

Decided November 10, 1970.


Attorney(s) appearing for the Case

V. Cassel Adamson, Richmond, Va., for appellant.

Paul Bender, Washington, D. C., for amici curiae (Ralph S. Spritzer and James A. Strazzella, Philadelphia, Pa., on brief).

W. Luke Witt, Asst. Atty. Gen. of Virginia, for appellee (Andrew P. Miller, Atty. Gen. of Virginia, on brief).

Before BRYAN and WINTER, Circuit Judges, and WIDENER, District Judge.


WIDENER, District Judge:

This case comes on appeal from an order of the District Court denying relief from conviction by way of writ of habeas corpus.

On November 4, 1965, appellant James Terry was convicted of robbery following a non-jury trial in the Hustings Court of the City of Petersburg, Virginia. The Supreme Court of Appeals denied a petition for writ of error on April 26, 1967. Subsequently, Terry petitioned the trial court for a writ of habeas corpus...

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