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HOOVER v. PEYTON

Civ. A. No. 67-C-38-H.

280 F.Supp. 196 (1968)

Earl Hunter HOOVER, Petitioner, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Respondent.

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

February 12, 1968.

Attorney(s) appearing for the Case

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 by Earl Hunter Hoover in forma pauperis, pursuant to 28 U.S.C. § 2241.

Petitioner is currently serving a term of thirty years in the Virginia State Penitentiary, pursuant to a conviction for attempted rape by the Circuit Court of Augusta County, Staunton, Virginia on November 21, 1963. At his trial before a jury, petitioner...

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