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FANKBONER v. ROBINSON

Civ. A. No. 74-C-78-H.

391 F.Supp. 542 (1975)

James Charles FANKBONER, Petitioner, v. Honorable Joshua L. ROBINSON, Judge of the Circuit Court, Rockingham County, et al., Respondents.

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

March 28, 1975.

Attorney(s) appearing for the Case

Murray J. Janus, Scott H. Swan, Bremner, Byrne & Baber, Richmond, Va., for petitioner.

Wilburn C. Dibling, Jr., Asst. Atty. Gen., Richmond, Va., for respondents.

OPINION

TURK, Chief Judge.

Petitioner, James Charles Fankboner, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 attacking his state court conviction for possession of a sawed-off shotgun for offensive or aggressive purposes. Va.Code, as amended, § 18.1-268.3. On December 14, 1973, he was tried and convicted of that offense by the Circuit Court of Rockingham County, sitting without a jury, and sentenced to a term of ten years...

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