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MILLER v. COX

No. 15278.

457 F.2d 700 (1972)

Howard Staton MILLER, Appellant, v. J. D. COX, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 30, 1972.

Attorney(s) appearing for the Case

Harvey E. Bines, Charlottesville, Va. (Court-appointed), for appellant.

William P. Robinson, Jr., Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen., on brief), for appellee.

Before CRAVEN and RUSSELL, Circuit Judges, and CHAPMAN, District Judge.

CRAVEN, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of Virginia, Norfolk Division, denying a state prisoner habeas corpus relief under 28 U.S.C.A. § 2241(c) (3). We affirm.

Appellant Miller was arrested and charged with the armed robbery of a Richmond gas station and the abduction of its attendant, Earl Johnson. The robbery was perpetrated by three black men about 1:30 A.M. Soon thereafter...

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