MAYS v. HARRIS

No. 74-1409.

523 F.2d 1258 (1975)

Curtis MAYS, Appellee, v. William HARRIS, Sheriff Nelson County, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 25, 1975.


Attorney(s) appearing for the Case

Robert E. Shepherd, Jr., Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen. of Va., and Sam D. Eggleston, Jr., Lovingston, Va., Atty. for the Com. for the County of Nelson, on brief), for appellant.

William M. McClenny, Jr., Amherst, Va., for appellee.

Before WINTER, CRAVEN and WIDENER, Circuit Judges.


CRAVEN, Circuit Judge:

On petition to reconsider, we withdraw our prior opinion and substitute the following:

On March 6, 1970, the Circuit Court of Nelson County, Virginia, adjudged Curtis Mays to be an habitual offender of the Commonwealth's motor vehicle laws because of his four misdemeanor convictions within seven years. The court directed Mays to surrender his driver's license and not to operate a motor vehicle...

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