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ENGLISH v. MILLER

Civ. A. No. 496-71-R.

341 F.Supp. 714 (1972)

John Carl ENGLISH v. Andrew P. MILLER et al.

United States District Court, E. D. Virginia, Richmond Division.

April 18, 1972.

Attorney(s) appearing for the Case

Philip J. Hirschkop, Alexandria, Va., Richard E. Crouch, Washington, D. C., for plaintiff.

Robert Shepherd, Jr., Asst. Atty. Gen. of Va., Richmond, Va., for defendants.

MEMORANDUM

MERHIGE, District Judge.

Petitioner complains of a judgment of the Circuit Court of Virginia Beach, Virginia, under date of May 12, 1970, wherein he was found guilty of violating Virginia Code § 54-509 and sentenced to a term of three years. While the complaint herein seeks both a declaratory judgment and habeas corpus relief, the Court concluding that English's conviction was premised on a statute in contravention of the Constitution of...

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