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MARSTON v. OLIVER

No. 71-1329.

485 F.2d 705 (1973)

Martin P. MARSTON, Appellee, v. R. M. OLIVER, Superintendent of the Virginia State Farm, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 9, 1973.

Attorney(s) appearing for the Case

Robert E. Shepherd, Jr., Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen. of Va., Burnett Miller, III, Asst. Atty. Gen. of Va., on brief) for appellant.

James L. Sanderlin, Richmond, Va., court-appointed (McGuire, Woods & Battle, Richmond, Va., on brief) for appellee.

David G. Karro, Roanoke, Va., on brief for Wayne A. Garrett, amicus curiae.

Before HAYNSWORTH, Chief Judge, and RUSSELL and FIELD, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The petitioner in this habeas proceeding was convicted in Virginia of the offense of driving a motor vehicle on November 15, 1968, while his driver's license was suspended or revoked. At trial, he, though indigent, was not provided with counsel. After conviction, he received both a prison sentence and a fine. While imprisoned under this sentence, he filed this proceeding. He has since been released from custody. He contends that...

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