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WHEELER v. PEYTON

Civ. A. No. 68-C-57-R.

287 F.Supp. 930 (1968)

David WHEELER, Petitioner, v. C. C. PEYTON, Superintendent Virginia State Penitentiary, Respondent.

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

July 19, 1968.

Attorney(s) appearing for the Case

Gerald L. Baliles, Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION AND JUDGMENT

DALTON, Chief Judge.

This proceeding involved a petition for a writ of habeas corpus filed on June 5, 1968, in forma pauperis by David Wheeler, a prisoner of the State of Virginia, in accordance with 28 U.S.C.A. § 2241.

Petitioner is currently serving a ten (10) year prison sentence subsequent to his conviction on October 24, 1967, in the Hustings Court for the City of Roanoke, Virginia, for murder in the second degree...

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