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DELPH v. SLAYTON

Civ. A. No. 72-C-17-H.

343 F.Supp. 449 (1972)

David Lee DELPH, Petitioner, v. A. E. SLAYTON, Jr., Superintendent, Virginia State Penitentiary, Respondent.

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

May 8, 1972.

Attorney(s) appearing for the Case

Burnett Miller, III, Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION and JUDGMENT

DALTON, District Judge.

David Lee Delph, proceeding under 28 U.S.C. § 2241, has petitioned this court for a writ of habeas corpus. Leave of court has been granted to proceed in forma pauperis. His state remedies exhausted petitioner has complied with the provisions of 28 U.S.C. § 2254.

The facts in this case are as follows. Petitioner and a friend on the night of August 5, 1965 hitch-hiked a ride from a passing...

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