Legal Opinion
James Harvey (Alias Berkley McCargo v. W. Frank Smyth, Jr., Superintendent of the Virginia State Penitentiary
Court of Appeals for the Fourth Circuit
Decided April 25, 1958No. 7592PublishedCited by 6 opinions
1Per curiam
A prisoner in the Virginia State Penitentiary, upon whom a sentence of forty years had been imposed under the Virginia recidivist statute, brings this appeal from an order of the United States District Court for the Eastern District of Virginia refusing his petition for a writ of habeas corpus.
In 1921, 1928, 1931, and 1932, the appellant, James Harvey (alias Berkley McCargo) was convicted in Virginia state courts for the crimes of housebreaking. In 1946 there was a fifth conviction, this time for the crime of store-breaking, and he was sentenced by the Portsmouth City Hustings Court to a term…
2Cases cited5 opinions
- Brown v. AllenSupreme Court of the United States · 1953
- Gryger v. BurkeSupreme Court of the United States · 1948
- Bernard v. BradyCourt of Appeals for the Fourth Circuit · 1947
- Nathan Johnson v. E. H. Tucker, Warden, West Virginia PenitentiaryCourt of Appeals for the Fourth Circuit · 1957
- Abraham Hunter and Linwood Jacob Sawyer v. W. Frank Smyth, Jr., Superintendent, Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1957
3Cited by6 opinions
- Holly v. SmythCourt of Appeals for the Fourth Circuit · 1960
- Earl Lee v. W. Frank Smyth, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1959
- Harry Morrison v. W. Frank Smyth, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1960
- Holly v. SmythDistrict Court, E.D. Virginia · 1961
- United States ex rel. Robertson v. MyersDistrict Court, E.D. Pennsylvania · 1960
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