Russell v. Peyton

This is an appeal by Billy Junious Russell from a judgment of the Circuit Court of Nelson County, Virginia, entered on March 23,, 1964, denying and dismissing his petition for a writ of habeas corpus ad sub-jiciendum, whereby he sought release from the sentence of life imprisonment imposed upon him by the same court on March 1, 1961, for murder.

Petitioner contends (1) that he did not have effective assistance of counsel when he was tried and convicted of murder, and (2) that he was thereafter denied his right to appeal.

The evidence, court records and exhibits show the following: Russell was…