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SIMS v. SLAYTON

Civ. A. No. 71-C-67-A.

333 F.Supp. 246 (1971)

Earshel Howard SIMS, Petitioner, v. A. E. SLAYTON, Superintendent, Virginia State Penitentiary, Respondent.

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

October 29, 1971.

Attorney(s) appearing for the Case

Earshel Howard Sims, pro se.

C. Tabor Cronk, Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION

WIDENER, Chief Judge.

Petitioner, Earshel Howard Sims, was convicted of murder in the second degree and sentenced to twenty years' imprisonment by a jury in the Circuit Court of Bland County, on October 30, 1968. He has filed, in forma pauperis, a petition for a writ of habeas corpus, pursuant to the provisions of 28 U.S.C. § 2241.

On October 26, 1967, Mrs. Edith Spade was fatally shot in the back inside the doorway of the trailer home...

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