Holly v. Smyth

LEWIS, District Judge.

Petitioner commenced this habeas corpus proceeding in forma pauperis in this Court in November 1959. He alleged that he was being held in violation of the United States Constitution under two recidivist sentences imposed by a Virginia court, one for ten years in 1951, and another for fifteen years in 1957 which were void under the Fourteenth Amendment. The Court dismissed the petition and denied the writ on the ground that the said petition failed to state any ground valid in law for the issuance of the said writ or to establish that he is unlawfully detained. This Court…