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DOWNEY v. PEYTON

No. 12480.

451 F.2d 236 (1971)

John Henry DOWNEY, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 18, 1971.

Attorney(s) appearing for the Case

Jean H. Toal (Court-assigned counsel), Columbia, S. C., for appellant.

Overton P. Pollard, Asst. Atty. Gen. of Virginia (Andrew P. Miller, Atty. Gen. of Virginia, and Vann H. Lefcoe, Asst. Atty. Gen. of Virginia, on the brief), for appellee.

Before BOREMAN, BRYAN and CRAVEN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

In a petition for habeas corpus, John Henry Downey raises three constitutional claims. As violative of the Double Jeopardy Clause, he protests simultaneous convictions in Virginia of statutory burglary and grand larceny, carrying two consecutive four-year sentences. Next, alleging there was a prejudiced juror in the panel and that the jury discussed facts dehors the evidence, he contends he was denied a fair and impartial trial. Finally...

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