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SNIDER v. SMYTH

No. 574.

187 F.Supp. 299 (1960)

Frank Jimmy SNIDER, Jr., Petitioner v. W. Frank SMYTH, Jr., Superintendent of The Virginia State Penitentiary, Respondent.

United States District Court E. D. Virginia, Newport News Division.

September 27, 1960.

Attorney(s) appearing for the Case

T. Warren Messick, Roanoke, Va., for petitioner.

A. S. Harrison, Jr., Atty. Gen. of Virginia, C. F. Hicks, Special Assistant to Atty. Gen. of Virginia, Gloucester, Va., for respondent.

WALTER E. HOFFMAN, District Judge.

On July 21, 1958, this Court filed a memorandum opinion discharging the writ of habeas corpus, dismissing the petition, and remanding petitioner to the custody of respondent for further proceedings. Petitioner is under a sentence of death for statutory rape of a nine year old child, pursuant to an order of the Hustings Court for the City of Roanoke, Virginia, originally imposed on June...

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