Legal Opinion

James Edward Martin v. Commonwealth of Virginia and C. C. Peyton, Superintendent of the Virginia State Penitentiary

Court of Appeals for the Fourth Circuit

Decided July 26, 1966No. 10470_1PublishedCited by 52 opinions

1Opinion of the Court

SOBELOFF, Circuit Judge:

The Commonwealth of Virginia here appeals from the District Court’s order vacating a state court’s judgment of conviction and directing a new trial. For reasons to be stated we affirm.

On August 9, 1960, James Edward Martin and two other Negro prisoners escaped from a road gang in Montgomery County, Virginia. Sometime the next evening they came upon the house of Mr. Joseph E. “Ted” Willard, whose automobile was parked in his driveway. As they were pushing the car down the drive into the highway and trying to get it started, the three escapees were chased away by Mr.…

2Cases cited8 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Estes v. TexasSupreme Court of the United States · 1965
  3. Claude O. Jones, Jr. v. W. K. Cunningham, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1963
  4. Clarence Irvin Turner v. State of MarylandCourt of Appeals for the Fourth Circuit · 1963
  5. Curtis L. Braxton v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1966

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3Cited by52 opinions

  1. Gratton Earl Moore v. United StatesCourt of Appeals for the Third Circuit · 1970
  2. Alfred Coles v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1968
  3. In Re WilliamsCalifornia Supreme Court · 1969
  4. United States of America Ex Rel. Charles Mathis v. Alfred T. Rundle, Superintendent State Correctional Institution, Philadelphia, PennsylvaniaCourt of Appeals for the Third Circuit · 1968
  5. James E. Fields v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1967

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