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CLARK v. PEYTON

Civ. A. No. 66-C-39-D.

262 F.Supp. 647 (1966)

Herbert Hoover CLARK, Petitioner, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Respondent.

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

November 8, 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 in forma pauperis by a State prisoner pursuant to the provisions of 28 U.S. C. § 2254.

Petitioner is currently serving a forty year term in the Virginia State Penitentiary pursuant to his conviction for armed robbery. Prior to his conviction in the Circuit Court of Charlotte County, he was indicted for three felonies...

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