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THORNE v. BAILEY

No. 86-7697.

846 F.2d 241 (1988)

Hillery C. THORNE, Jr., Petitioner-Appellant, v. Robert BAILEY, Sheriff; Alfred E. Ferguson, Judge; Lawrence Egnor, Judge, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 5, 1988.

Rehearing and Rehearing Denied July 19, 1988.

Attorney(s) appearing for the Case

Christopher Lee Varner, New York City, for petitioner-appellant.

Jill Leone Miles, Asst. Atty. Gen., for respondents-appellees.

Before WIDENER and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied July 19, 1988.

CHAPMAN, Circuit Judge:

Hillery C. Thorne, Jr., appeals the district court's order denying his pro se habeas corpus petition. The court rejected, inter alia, Thorne's claims that his misdemeanor conviction under W.Va.Code § 61-8-16(a)(4) (1984)1 violated his First Amendment rights. The court held that conduct, not speech, was criminalized by the statute and...

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