Court of Appeals for the Fourth Circuit July 26, 1966, 10470_1 (James Edward Martin v. Commonwealth of Virginia and C. C. Peyton, Superintendent of the Virginia State Penitentiary)

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.