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BREWER v. PEYTON

No. 13869.

431 F.2d 1371 (1970)

Summit Curtis BREWER, Appellant, v. C. C. PEYTON, Superintendent, Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 28, 1970.

Attorney(s) appearing for the Case

Melvin R. Manning, Richmond, Va. (Court-assigned counsel), for appellant.

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

Before BOREMAN, WINTER and CRAVEN, Circuit Judges.

BOREMAN, Circuit Judge:

Summit Curtis Brewer appeals from an order of the district court denying his petition for a writ of habeas corpus without a hearing.

On October 27, 1959, Brewer was arrested at approximately 8 p. m. at his father's home near Galax, Virginia, in connection with a homicide which had occurred in Carroll County, Virginia, on the same day. He was taken to the police station in Galax, where he was questioned for some forty to forty-five minutes...

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