Jay R. Timmons v. C.C. Peyton, Superintendent of the Virginia State Penitenitary

J. SPENCER BELL, Circuit Judge:

Jay Timmons was convicted by a jury of first degree murder in April 1962. He was sentenced to die. The Supreme Court of Appeals of Virginia affirmed the judgment of conviction. Timmons v. Commonwealth, 204 Va. 205 129 S.E.2d 697 (1963). Habeas corpus was sought in the state courts; a hearing was held, and in July 1963 relief was denied. The Virginia Supreme Court of Appeals denied a writ of error, and the Supreme Court denied certiorari. Timmons v. Cunningham, 375 U.S. 994, 84 S.Ct. 635, 11 L.Ed.2d 480 (1964). Habeas corpus was then sought in the court below;…