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NOTTINGHAM v. ZAHRADNICK

No. 77-1095.

573 F.2d 193 (1978)

Raymond Bradley NOTTINGHAM, Jr., Appellant, v. Robert F. ZAHRADNICK, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 3, 1978.

Attorney(s) appearing for the Case

Phillip G. Dantes, Baltimore, Md., Maryland Juvenile Law Clinic (Peter S. Smith, Baltimore, Md., Edward F. Houff, Third Year Law Student, Sally L. Swann, Third Year Law Student, Maryland Juvenile Law Clinic, on brief), for appellant.

James E. Kulp, Asst. Atty. Gen., Richmond, Va. (Anthony F. Troy, Atty. Gen. of Virginia and K. Marshall Cook, Asst. Atty. Gen., Richmond, Va., on brief), for appellee.

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

PER CURIAM:

In his habeas corpus petition, Raymond B. Nottingham contends he was twice tried for robbery in violation of the Double Jeopardy Clause. The district court denied relief. We reverse.

Nottingham was afforded a preliminary hearing in the Criminal Division of the General District Court of Norfolk. Subsequently, he was indicted by a grand jury. The case proceeded to trial in the Circuit Court of the City of Norfolk where a jury was impaneled. During...

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