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TINGLER v. COX

Civ. A. No. 70-C-66-R.

315 F.Supp. 871 (1970)

Donald Lee TINGLER, Petitioner, v. J. D. COX, Superintendent, Virginia State Penitentiary, Respondent.

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

July 20, 1970.

Attorney(s) appearing for the Case

Reno S. Harp, III, Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION AND JUDGMENT

DALTON, Chief Judge.

Petitioner is detained in the Virginia State Penitentiary pursuant to a judgment of the Circuit Court of Alleghany County rendered July 16, 1965. He claims that the conviction was obtained by unconstitutional means and seeks federal habeas corpus relief under 28 U.S.C. § 2241(c) (3).

The conviction in question here grows out of the shotgun-death of petitioner...

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