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ALBRITTON v. COLLIER

No. DC 72-20-S.

349 F.Supp. 994 (1972)

Billy Joe ALBRITTON, Petitioner, v. John Allen COLLIER, Superintendent, Mississippi State Penitentiary, Respondent.

United States District Court, N. D. Mississippi, Greenville Division.

October 4, 1972.

Attorney(s) appearing for the Case

Grady F. Tollison, Jr., of Dunbar & Merkel, Clarksdale, Miss., for plaintiff.

A. F. Summer, Atty. Gen., State of Mississippi, Jackson, Miss., for defendant; Timmie Hancock and John Kinard, Special Assts. to the Atty. Gen., State of Mississippi, Jackson, Miss.

MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

The petitioner in this habeas corpus proceeding is incarcerated at the Mississippi State Penitentiary. He is serving a sentence of six (6) years imposed by the Circuit Court of Leflore County, Mississippi following a burglary conviction. The conviction and sentence were affirmed per curiam. Albritton v. State, 258 So.2d 447 (Miss.1972).

Petitioner contends that...

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