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DONOVAN v. DAVIS

No. 76-2251.

558 F.2d 201 (1977)

Joseph Howard DONOVAN, Appellant, v. Jack F. DAVIS, Director, Virginia State Department of Corrections, and A. T. Robinson, Superintendent, Powhatan Correctional Center, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 24, 1977.

Attorney(s) appearing for the Case

Edward L. Hogshire, Washington, D. C. (Paxson, Smith, Boyd, Gilliam & Gouldman, John C. Lowe, Lowe & Gordon, Charlottesville, Va., on brief), for appellant.

K. Marshall Cook, Asst. Atty. Gen., Richmond, Va. (Anthony F. Troy, Chief Deputy Atty. Gen., and Wilburn C. Dibling, Jr., Asst. Atty. Gen., Richmond, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and WINTER, Circuit Judge.

WINTER, Circuit Judge:

Joseph H. Donovan appeals from an order of the district court denying him a writ of habeas corpus to set aside his conviction on a charge of attempted rape. Because we conclude that Donovan was denied his right to trial by an impartial jury, we reverse and direct that the writ be issued unless the state affords him a new trial.

I.

On March 6, 1972, Donovan was tried before a jury in...

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