David Lawrence Perkins v. C. C. Peyton, Superintendent of the Virginia State Penitentiary

HAYNSWORTH, Chief Judge:

Perkins attacks his sentence — service computation under multiple convictions on “bad-check” charges in Virginia. His habeas corpus petition was denied on the ground that interpretation of the judgment orders was a question of state law, involving no federal question. Under the extraordinary circumstances of this case, we think there is a federal question which calls for affirmative relief.

Before 1962, Perkins had no confirmed history of criminality. Late in that year, however, he launched upon a spree, negotiating fraudulent checks, which led to charges in three of…