(Download) "Lewis v. Peyton" by United States Court of Appeals for the Fourth Circuit # eBook PDF Kindle ePub Free

January 04, 2021

eBook details

Title: Lewis v. Peyton
Author : United States Court of Appeals for the Fourth Circuit
Release Date : January 02, 1965
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 48 KB

Description

J. SPENCER, BELL, Circuit Judge: The petitioner appeals from a denial of the writ of habeas corpus. The facts show that court was convened in the Tazewell County Courthouse on August 21, 1961; that without any order of record, the judge, the prosecutor, the sheriff, court appointed defense counsel and the petitioner next appear at the home of the prosecutrix which was located near the Town of Pocahontas, an old and nearly abandoned mining village in a sparsely settled rural area of Virginia -- some 25 to 30 miles from Tazewell. There, the judge (the petitioner had waived a jury) heard the testimony of the prosecutrix, who was 87 years old and bedridden; her nephew; and the accused, which was apparently all of the testimony taken in the case. There is uncontradicted testimony by the accused that neighbors were told to leave the tiny bedroom in order to make space for the court officials. The state concedes that the petitioner is of low intelligence and that ""his comprehension of that which occurs is very poor."" The petitioner was sentenced to serve thirty years in the Virginia State Penitentiary.