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BRICKHOUSE v. ZAHRADNICK

No. 76-2032.

553 F.2d 340 (1977)

Elvin BRICKHOUSE, Jr., Appellant, v. Robert F. ZAHRADNICK, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 28, 1977.

Attorney(s) appearing for the Case

Craig Ellis, Third Year Law Student (Michael E. Geltner, Georgetown University Law Center, Washington, D.C., on brief), for appellant.

Wilburn C. Dibling, Jr., Asst. Atty. Gen., Richmond, Va. (Andrew P. Miller, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellee.

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

DONALD RUSSELL, Circuit Judge:

Tried and convicted by the court in 1967, after waiver of a jury trial in accordance with the Virginia practice,1 under an indictment charging rape, abduction and robbery, the petitioner was sentenced to death on the rape charge and to imprisonment for thirty years on the robbery charge and for twenty years on the abduction charge. The conviction, on appeal to the...

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