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HAIRSTON v. PEYTON

Civ. A. No. 68-C-4-D.

282 F.Supp. 907 (1968)

James Manuel HAIRSTON, Petitioner, v. C. C. PEYTON, Superintendent, Virginia State Penitentiary, Respondent.

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

April 10, 1968.

Attorney(s) appearing for the Case

Overton P. Pollard, 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 term of forty years in the Virginia State Penitentiary, pursuant to a conviction of robbery by violence by the Circuit Court of Pittsylvania County on September 26, 1949. At his trial, petitioner was...

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