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SMITH v. PEYTON

Civ. A. No. 67-C-35-H.

280 F.Supp. 669 (1968)

John William SMITH, Petitioner, v. C. C. PEYTON, Superintendent, Virginia State Penitentiary, Respondent.

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

February 14, 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 John William Smith in forma pauperis, pursuant to 28 U.S.C. § 2241.

Petitioner is currently serving a term of twenty years in the Virginia State Penitentiary pursuant to a conviction of first degree murder in the Circuit Court of Shenandoah County, Virginia on September 28, 1962. At his trial before a jury, petitioner...

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