HOPSON
v.
SMYTH

4th Cir. | 1950-06-14
No. 6084
Before PARKER, Chief Judge, DOBIE, Circuit Judge, and WYCHE, District Judge.
182 F.2d 936 United States Court of Appeals for the Fourth Circuit (1950) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal in a habeas corpus case. The appellant is held in custody under the judgment of a Virginia state court; and it appears not only that there is no merit in his petition but also that he has not exhausted his remedies under state law. The order of the lower court would, therefore, he affirmed if the appeal were properly before us. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587; Washington v. Smyth, 4 Cir., 167 F. 2d 658. It is not properly before us, however, because not supported by a certificate of probable cause as required by 28 U.S.C.A. § 2253, and must accordingly be dismissed. Bernard v. Brady, 4 Cir., 164 F. 2d 881.

Appeal dismissed.


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