Gene David Clay v. Walter M. Riddle, Superintendent, Virginia State Penitentiary

*457ALBERT V. BRYAN, Senior Circuit Judge:

In habeas corpus appellant, Gene David Clay, prayed vacation of and release from a conviction for driving an automobile while prohibited as an habitual offender to do so, a felony under the State law, Code of Virginia, 1950, as amended, §§ 46.1-387.2, -387.6 and -387.8. His petition alleged that at his trial critical incriminating evidence was admitted contrary to the rule of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Respondent-appellee Riddle, Superintendent of the penitentiary, denied illegality, explaining that while such…