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GILLESPIE v. PEYTON

Civ. A. No. 67-C-4-H.

266 F.Supp. 11 (1967)

Paul M. GILLESPIE, Petitioner, v. C. C. PEYTON, Superintendent of Virginia State Penitentiary, Respondent.

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

March 31, 1967.

Attorney(s) appearing for the Case

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

No appearance for plaintiff.

OPINION AND JUDGMENT

DALTON, Chief Judge.

This matter comes to this court upon a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241, by Paul M. Gillespie, a state prisoner, and is filed in forma pauperis.

In 1964 the petitioner, in two separate state trials, was found guilty of two unrelated felonies. In the first one on August 25, 1964, he was found guilty of malicious wounding in the Augusta County Circuit Court...

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