288 F.2d 362
Albert STEWART, Appellant,v.W. Frank SMYTH, Jr., Superintendent of the Virginia StatePenitentiary, Appellee.
No. 8294.
United States Court of Appeals Fourth Circuit.
Argued March 29, 1961.Decided April 5, 1961.

Marc Jacobson, Norfolk, Va., for appellant.
Reno S. Harp, III, Asst. Atty. Gen. of Virginia (A. S. Harrison, Jr., Atty. Gen. of Virginia, on the brief), for appellee.
Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit judges.
PER CURIAM.


1
Albert Stewart, a prisoner of the State of Virginia, appeals from an order of the United States District Court for the Eastern District of Virginia, denying his petition for a writ of habeas corpus and remanding him to the custody of the Superintendent of the Virginia State Penitentiary.


2
In January 1941, Stewart was convicted, on his plea of guilty, in the Hustings Court for the City ofRoanoke, Virginia, of housebreaking and was sentenced to serve two years in the Virginia State Penitentiary.  In the same court, in December 1946, he was again convicted of housebreaking on his plea of guilty and was sentenced to serve one year in the Virginia State Penitentiary.  In neither case did the sentencing order recite that Stewart was represented by counsel.


3
In October 1952, in the same court, Stewart was convicted on two charges of breaking and entering, and in November 1952, in the Circuit Court of Rockbridge County, Virginia, he was again convicted of housebreaking.  Under the recidivist statute of the State of Virginia, Stewart received an additional ten year sentence as a third time offender.


4
The District Court held a hearing on August 8, 1960, on