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WITCHER v. PEYTON

Civ. A. No. 66-C-44-D.

261 F.Supp. 1018 (1966)

Dan WITCHER, Petitioner, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Respondent.

United States District Court W. D. Virginia, Danville Division.

December 15, 1966.

Attorney(s) appearing for the Case

No appearance for petitioner.

Reno S. Harp, III, Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION and JUDGMENT

DALTON, Chief Judge.

This case comes before the Court upon a petition for a writ of habeas corpus, filed by a State prisoner pursuant to the provisions of 28 U.S.C. § 2241(a) and (c) (3).

Petitioner is currently serving a term of thirty-five years and one day pursuant to his conviction for rape by the Circuit Court for the County of Pittsylvania, Virginia on January 25, 1963. He previously sought and was granted a hearing...

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