MAY v. PEYTON

No. 11428.

398 F.2d 476 (1968)

James Frasia MAY, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 26, 1968.


Attorney(s) appearing for the Case

Robert L. Dolbeare, Richmond, Va. (Court-assigned counsel) [Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., on brief], 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, and BRYAN and WINTER, Circuit Judges.


PER CURIAM:

Petitioner, who was denied habeas corpus relief by the district court, was convicted of robbery, on February 6, 1958, in the Circuit Court of Albemarle County, Virginia, which tried him without a jury. He was sentenced to ten years in the Virginia State Penitentiary. In 1965, petitioner's post-conviction attack on that judgment was successful and he was granted a new trial. Petitioner was retried in 1965, and again convicted — this time by a jury...

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