Dan Witcher v. C. C. Peyton, Superintendent of the Virginia State Penitentiary

*726CRAVEN, Circuit Judge:

In January 1963 Dan Witcher was convicted by a jury in the Circuit Court of Pittsylvania County, Virginia, on an indictment charging attempted rape and was sentenced to a term of 35 years and one day, the sentence also having been imposed by the jury.1 After unsuccessfully applying for habeas corpus relief in the state courts and in the federal district court, Witcher sought relief in this court, where, in Witcher v. Peyton, 382 F.2d 707 (4th Cir. 1967), we held that his pleadings stated a prima facie case of unlawful exclusion of members of his race from grand and petit…