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KIRKPATRICK v. COX

Civ. A. No. 70-C-38-H.

321 F.Supp. 284 (1971)

Michael Allen KIRKPATRICK, Petitioner, v. J. D. COX, Superintendent, Virginia State Penitentiary, Respondent.

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

January 4, 1971.

Attorney(s) appearing for the Case

Phillip C. Stone, Harrisonburg, Va., for petitioner.

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

OPINION and JUDGMENT

DALTON, Chief Judge.

On December 11, 1969 the petitioner was convicted of armed robbery by the Circuit Court of Rockingham County and received a sentence of five years. The conviction was affirmed on direct appeal by the Supreme Court of Appeals of Virginia. Kirkpatrick v. Commonwealth, 211 Va. 269, 176 S.E.2d 802 (1970). The present petition for a writ of habeas corpus was ordered filed in forma pauperis...

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