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PRICE v. SLAYTON

Civ. A. No. 72-C-33-D.

347 F.Supp. 1269 (1972)

Carl Ervin PRICE, Petitioner, v. A. E. SLAYTON, Jr., Superintendent, Virginia State Penitentiary, Respondent.

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

September 19, 1972.

Attorney(s) appearing for the Case

Carl Ervin Price, pro se.

Gilbert W. Haith, Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION

WIDENER, Chief Judge.

On April 20, 1970, the petitioner was indicted by the grand jury of Wythe County, Virginia, for conspiracy to commit burglary. He was tried by jury in the Circuit Court of Wythe County on November 17 and 18, 1970. On November 18, 1970, the jury returned a verdict of guilty and fixed the sentence at one year. Petitioner's counsel requested that the jury be polled and this was done...

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