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KIBERT v. PEYTON

Civ. A. No. 66-C-98-A.

262 F.Supp. 694 (1966)

Jesse KIBERT, Petitioner, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Respondent.

United States District Court W. D. Virginia, Abingdon 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.

The facts of petitioner's case may be stated briefly. On April 25, 1959, petitioner's aunt and uncle were murdered in Lee County, Virginia. Petitioner and his two brothers were arrested in Claiborne County, Tennessee, the following...

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