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CALLAHAN v. COMMONWEALTH OF VIRGINIA

Civ. A. No. 66-C-35-L.

262 F.Supp. 31 (1967)

Luther CALLAHAN, Petitioner, v. COMMONWEALTH OF VIRGINIA, C. C. Peyton, Superintendent of the Virginia State Penitentiary, Respondent.

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

January 11, 1967.

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 to the court upon a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241, by Luther Callahan, a state prisoner, and it is filed in forma pauperis.

The petitioner is presently detained in the state penitentiary and is serving the remainder of a sentence of seven years for housebreaking and larceny imposed on him on April 11, 1945. It is this conviction plus two...

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