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YOUNG v. PADERICK

Civ. A. No. 74-C-100-R.

378 F.Supp. 1143 (1974)

Gerald Lynn YOUNG, Petitioner, v. E. L. PADERICK, Superintendent and The Attorney General of the State of Virginia, Respondents.

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

July 22, 1974.

Attorney(s) appearing for the Case

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

OPINION and JUDGMENT

DALTON, District Judge.

On May 5, 1972, petitioner Gerald Lynn Young was convicted of rape after a trial by jury in the Circuit Court (formerly Hustings Court) of the City of Roanoke, Virginia. Petitioner was sentenced to a term of twenty-three years, and is presently incarcerated at the State Penitentiary in Richmond.

Petitioner filed his pro se petition for a writ of habeas corpus pursuant to 28

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