Abraham Hunter and Linwood Jacob Sawyer v. W. Frank Smyth, Jr., Superintendent, Virginia State Penitentiary

This is an appeal from an order denying a petition for a writ of habeas corpus by prisoners serving sentences under the judgment of a Virginia state court. The appeal must be dismissed for lack of the certificate of probable cause required by 28 U.S.C. § 2253; but if we thought that there was merit in the appeal one of the judges of this court would grant the certificate. We are satisfied, however, that the appeal is without merit.

Appellants were convicted of attempted rape, and on May 26, 1953, were sentenced to five years imprisonment in the penitentiary. On July 16, 1953, they were…