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WEBB v. PEYTON

No. 9835.

345 F.2d 521 (1965)

Leroy WEBB, Appellee, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellant.

United States Court of Appeals Fourth Circuit.

Decided May 6, 1965.

Attorney(s) appearing for the Case

Reno S. Harp, III, Asst. Atty. Gen. of Virginia (Robert Y. Button, Atty. Gen. of Virginia, on brief), for appellant.

Jefferson B. Brown, Portsmouth, Virginia (Court-assigned counsel), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and J. SPENCER BELL, Circuit Judges.

J. SPENCER BELL, Circuit Judge:

The respondent appeals from an order of the district court issued after a plenary hearing on a prayer for a writ of habeas corpus by Leroy Webb, the petitioner herein. The order directed that the prisoner be discharged, subject to his posting a bond to guarantee his appearance in the event the state elected to retry him for robbery, the crime for which he was originally tried and convicted on October 17, 1961.

The district court...

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