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WITHERS v. COX

Civ. A. No. 71-C-83-D.

365 F.Supp. 704 (1973)

Charles William Henry WITHERS, Petitioner, v. J. D. COX, Superintendent Virginia State Penitentiary (now A. E. Slayton, Jr.), Respondent.

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

October 24, 1973.

Attorney(s) appearing for the Case

Charles Withers, pro se.

William P. Robinson, Jr., Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION

WIDENER, Circuit Judge, sitting by designation.

The petitioner was sentenced to life imprisonment November 19, 1968 in the Corporation Court of the City of Danville on account of conviction after trial by jury for breaking and entering a dwelling house in the nighttime with intent to commit rape.

This petition for habeas corpus presents two questions:

A. Negroes were systematically excluded from the grand jury which indicted petitioner...

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