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CUNNINGHAM v. PEYTON

Civ. A. No. 68-C-36-R.

287 F.Supp. 868 (1968)

Larry Bernard CUNNINGHAM, Petitioner, v. C. C. PEYTON, Superintendent Virginia State Penitentiary, Respondent.

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

June 20, 1968.

Attorney(s) appearing for the Case

Gerald L. Baliles, 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 Larry Bernard Cunningham, a state prisoner, pursuant to the provisions of 28 U.S.C. § 2241.

Petitioner is currently detained in the Virginia State Penitentiary pursuant to a judgment of the Circuit Court for the County of Roanoke of April 11, 1966. At his trial before a jury petitioner was represented...

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