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ABBOTT v. PEYTON

Civ. A. No. 71-C-62-R.

329 F.Supp. 1310 (1971)

Elmer Dorris ABBOTT, Petitioner, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Respondent.

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

July 22, 1971.

Attorney(s) appearing for the Case

Overton P. Pollard, Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION and JUDGMENT

DALTON, District Judge.

This case comes before the court upon a petition for a writ of habeas corpus, filed in forma pauperis by Elmer Dorris Abbott, a state prisoner, pursuant to the provisions of 28 U.S.C. § 2241.

Petitioner is currently serving a ten year sentence pursuant to a judgment of the Hustings Court of the City of Roanoke imposed on July 13, 1964 for malicious wounding with intent to maim, disfigure or...

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