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HORTON v. SKEEN

Civ. No. 431-F.

127 F.Supp. 155 (1954)

Gilmore J. HORTON, Petitioner, v. Orel J. SKEEN, Warden, West Virginia Penitentiary, Respondent.

United States District Court, N. D. West Virginia, Fairmont Division.

November 23, 1954.

Attorney(s) appearing for the Case

Russell L. Furbee, Fairmont, W. Va., for petitioner.

John G. Fox, Atty. Gen., T. D. Kauffelt, Asst. Atty. Gen., for respondent.

WATKINS, Chief Judge.

This is the second petition filed in this court for a writ of habeas corpus by petitioner, a state prisoner serving a sentence of five to eighteen years in the West Virginia Penitentiary for murder, which sentence was imposed upon him by the Intermediate Court of Kanawha County, West Virginia. The first petition was dismissed by this court on December 28, 1953, because the petitioner failed to show that he had exhausted the available state remedies...

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