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REICKAUER v. PEYTON

Nos. 9777, 9778.

351 F.2d 612 (1965)

Aurweid George REICKAUER, Appellant, v. C. C. PEYTON, Superintendent, Virginia State Penitentiary, Appellee. Aurweid George REICKAUER, Appellant, v. C. C. PEYTON, Reno S. Harp, III and Curtis R. Mann, Appellees.

United States Court of Appeals Fourth Circuit.

Decided October 12, 1965.

Attorney(s) appearing for the Case

Arthur S. Maris, Richmond, Va. (Court-assigned counsel), for appellant.

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

Before HAYNSWORTH, Chief Judge, J. SPENCER BELL, Circuit Judge, and STERLING HUTCHESON, District Judge.

PER CURIAM.

The appellant in this habeas corpus proceeding attacked his Virginia convictions for breaking and entering in the nighttime with intent to commit grand larceny and for grand larceny. On appeal from an order dismissing the petition after a hearing, he advances for the first time the contention that, under the law of Virginia, he was improperly convicted of both offenses upon which consecutive sentences were imposed. Since there was one continuous course...

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