Tingler v. Cox

OPINION AND JUDGMENT

DALTON, Chief Judge.

Petitioner is detained in the Virginia State Penitentiary pursuant to a judgment of the Circuit Court of Alleghany County rendered July 16, 1965. He claims that the conviction was obtained by unconstitutional means and seeks federal habeas corpus relief under 28 U.S.C. § 2241(c) (3).

*872The conviction in question here grows out of the shotgun-death of petitioner’s fourteen year old wife on the night of December 7, 1964. Police officers were called to the scene that night where they found the petitioner kneeling over the deceased. He was arrested late that…