CREASY v. LEAKE

No. 13003.

422 F.2d 69 (1970)

Hazel Newby CREASY, Appellant, v. Evelyn LEAKE, Superintendent of the Virginia Industrial Farm for Women, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 1970.


Attorney(s) appearing for the Case

John M. Goldsmith, Radford, Va. (court-assigned counsel), for appellant.

Edward J. White, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen. of Virginia, on brief), for appellee.

Before WINTER and BUTZNER, Circuit Judges, and MERHIGE, District Judge.


BUTZNER, Circuit Judge:

Hazel Newby Creasy, appealing from denial of habeas corpus relief for conviction of murder in the first degree, assigns as error that evidence obtained by illegal search and seizure was improperly admitted at her trial. We conclude that the writ should issue subject to the right of the Commonwealth to retry her within a reasonable time.

The facts leading to Mrs. Creasy's conviction may be briefly stated. After a period of marital troubles...

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