SMITH v. PADERICK

No. 74-2386.

519 F.2d 70 (1975)

Nathaniel SMITH, Appellee, v. E. L. PADERICK, Superintendent, Virginia State Penitentiary, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 18, 1975.

Certiorari Denied November 3, 1975.


Attorney(s) appearing for the Case

Linwood T. Wells, Jr., Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen. of Va., on brief), for appellant.

Frederick D. Greco, McLean, Va. [court-appointed], for appellee.

Before HAYNSWORTH, Chief Judge, CRAVEN, Circuit Judge, and WARRINER, District Judge.


Certiorari Denied November 3, 1975. See 96 S.Ct. 293.

CRAVEN, Circuit Judge:

This is an appeal by the Commonwealth of Virginia, ex rel. Paderick, Superintendent of the Virginia State Penitentiary, from the granting by the district court of a writ of habeas corpus sought by Nathaniel Smith. The district court held that Smith had been denied due process at his state non-jury trial by the court's having admitted into evidence positive identification...

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