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ENGLISH v. VIRGINIA PROBATION & PAROLE BOARD

No. 72-1710.

481 F.2d 188 (1973)

John Carl ENGLISH, Appellee, v. VIRGINIA PROBATION & PAROLE BOARD, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 19, 1973.

Attorney(s) appearing for the Case

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

Richard E. Crouch, Arlington, Va. (Philip J. Hirschkop, Alexandria, Va., T. David Thelen, Staff Counsel, American Civil Liberties Union of Virginia Foundation, Richmond, Va., and Prof. Harvey E. Bines, Charlottesville, Va., on brief), for appellee.

Before BUTZNER and FIELD, Circuit Judges, and MURRAY, District Judge.

FIELD, Circuit Judge:

On May 12, 1970, John Carl English was convicted in the Circuit Court of Virginia Beach, Virginia, upon an indictment which charged that on or about January 13, 1970, he did "unlawfully, wilfully and feloniously maintain or keep a common nuisance, to-wit; a dwelling house or building resorted to by narcotic drug addicts, for the purpose of using narcotic drugs and/or which is used for the illegal keeping or selling of the same" in violation of...

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