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BRAY v. PEYTON

No. 13671.

429 F.2d 500 (1970)

James Trent BRAY, Appellant, v. C. C. PEYTON, Superintendent, Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 4, 1970.

Attorney(s) appearing for the Case

Richard J. Bonnie, Charlottesville, Va. (Court-appointed), for appellant.

C. Tabor Cronk, Asst. Atty. Gen. of Virginia (Andrew P. Miller, Atty. Gen. of Virginia, on brief), for appellee.

Before BOREMAN, BRYAN and CRAVEN, Circuit Judges.

PER CURIAM:

James Trent Bray is presently serving a twenty-year penitentiary sentence passed in a Virginia State court November 18, 1966 on a conviction of statutory rape. After exhausting all available State remedies, including habeas corpus, Bray sought the writ under 28 U.S.C. § 2241 in the Federal Court for the Western District of Virginia. Erroneously, it denied relief.

At the State habeas corpus hearing, May 2, 1968, Bray's trial counsel testified...

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