FIELDS v. PEYTON

No. 10776.

375 F.2d 624 (1967)

James E. FIELDS, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 7, 1967.


Attorney(s) appearing for the Case

John J. Kirby, Jr., Charlottesville, 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 SOBELOFF, BRYAN and J. SPENCER BELL, Circuit Judges.


SOBELOFF, Circuit Judge:

The question for decision is whether in the circumstances of this case the appellant may successfully assert that he was not afforded effective assistance of counsel. The feature of the case to which our attention has been primarily directed is that the total lapse of time between appointment of counsel and the passing of sentence upon the defendant was no more than fifteen to thirty minutes.

An allegation that the appellant, James...

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