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McCLUNG v. WEATHERHOLTZ

Civ. A. No. 72-C-39-H.

351 F.Supp. 5 (1972)

James W. McCLUNG, et al., Petitioners, v. Glenn WEATHERHOLTZ, Sheriff of Rockingham County, Virginia, Respondent.

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

November 24, 1972.

Attorney(s) appearing for the Case

John C. Lowe and F. Guthrie Gordon, III, Charlottesville, Va., for petitioner.

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

OPINION

WIDENER,* Circuit Judge.

The petitioners were tried in the County Court of Rockingham County (a court not of record), convicted and fined $100 each for violation of § 18.1-173 of the Code of Virginia.1 (The criminal trespass statute.) Upon appeal to the Circuit Court of Rockingham County (a court of record), they were tried by a jury, which found them guilty and fixed sentences as follows...

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