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FRANKLIN v. CONWAY

No. 76-1675.

546 F.2d 579 (1976)

Earl Anderson FRANKLIN, Appellant, v. French CONWAY et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 30, 1976.

Attorney(s) appearing for the Case

Marvin Schiller, Raleigh, N. C., for appellant.

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

Before HAYNSWORTH, Chief Judge, and WINTER and WIDENER, Circuit Judges.

WINTER, Circuit Judge:

Incarcerated in North Carolina for a conviction under North Carolina law, Earl A. Franklin unsuccessfully sought a writ of habeas corpus to set aside a Virginia conviction of possession of burglary tools with intent to commit larceny. The Virginia conviction resulted in a five-year sentence to be served after expiration of the North Carolina sentence. In the district court, Franklin contended that in the Virginia proceedings (1) he had been...

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