Court of Appeals for the Fourth Circuit May 29, 1967, 11110_1 (Noah William Wade v. C. C. Peyton, Superintendent of the Virginia State Penitentiary)

PER CURIAM:

We think the writ of habeas corpus was improvidently granted by the District Court, for available state remedies are unexhausted.

In 1952 Wade was convicted of the murder of a fellow prisoner in the Virginia State Penitentiary. He was represented at the trial by a competent, court-assigned lawyer, who, ten years later, died. There was no appeal.