MICHIE, District Judge.
This is an appeal from the refusal of the United States District Court for the Eastern District of Virginia to grant the appellant a plenary hearing upon his petition for a writ of habeas corpus. The appellant is a prisoner of the Commonwealth of Virginia in custody of the appellee, W. K. Cunningham, Jr., who is Superintendent of the Virginia State Penitentiary.
The appellant was convicted of first degree murder on May 27, 1948, by...
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