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WANSLEY v. SLAYTON

No. 73-1151.

487 F.2d 90 (1973)

Thomas Carlton WANSLEY, Appellee, v. A. E. SLAYTON, Superintendent of the Virginia State Penitentiary, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 8, 1973.

Attorney(s) appearing for the Case

Gilbert W. Haith, Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen. of Va., on brief), for appellant.

William M. Kunstler, New York City (Philip J. Hirschkop, Alexandria, Va., and Charles M. L. Mangum, Lynchburg, Va., on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and RUSSELL and FIELD, Circuit Judges.

RUSSELL, Circuit Judge:

The petitioner is a state prisoner, convicted of rape and robbery in the Corporation Court of Lynchburg, Virginia, in March, 1967. The alleged offense occurred in December, 1962. The petitioner had been tried twice earlier. At the first trial in February, 1963, he was convicted but his conviction was reversed by the Virginia Supreme Court. Wansley v. Commonwealth (1964) 205 Va. 419, 137 S.E.2d...

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