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STANLEY v. COX

Nos. 71-1365, 71-1366, 72-1584.

486 F.2d 48 (1973)

John Plummer STANLEY, Appellee, v. J. D. COX, Superintendent of the Virginia State Penitentiary, Appellant (two cases). John Plummer STANLEY, Appellant, v. A. E. SLAYTON, Jr., Superintendent, Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1973.

Attorney(s) appearing for the Case

Ralph S. Spritzer, Philadelphia, Pa. [court-appointed] for John Plummer Stanley.

Burnett Miller, III, Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen. of Va., and C. Tabor Cronk, Asst. Atty. Gen., on brief) for J. D. Cox and A. E. Slayton.

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

DONALD RUSSELL, Circuit Judge:

Convicted of armed robbery under three indictments charging separate robberies of the same ice cream store spread over a period of about a week, the petitioner, a Virginia prisoner, sought habeas relief, claiming that the identification testimony offered against him in his three trials was invalid constitutionally. After exhaustion of State remedies,1 he filed separately for relief in connection with...

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