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UNITED STATES v. SKEEN

Civ. A. No. 741.

145 F.Supp. 394 (1956)

UNITED STATES of America ex rel. Frazier SMITH, Petitioner, v. Orel J. SKEEN, Warden, West Virginia State Penitentiary, Respondent.

United States District Court N. D. West Virginia at Wheeling.

October 24, 1956.

Attorney(s) appearing for the Case

John G. Fox, Atty. Gen., and Angus E. Peyton, Asst. Atty. Gen., for respondent.

BOREMAN, District Judge.

Petitioner seeks a writ of habeas corpus ad subjiciendum and alleges several grounds in support of his petition. Petitioner was indicted in the Circuit Court of Fayette County, West Virginia, on a charge of attempted rape, was sentenced to a term of one to five years' imprisonment and is now confined in the West Virginia State Penitentiary in Moundsville, West Virginia.

Without considering the merits of petitioner's contentions, it...

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