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JOHNSON v. TUCKER

No. 7477.

249 F.2d 650 (1957)

Nathan JOHNSON, Petitioner, Appellant, v. E. H. TUCKER, Warden, West Virginia Penitentiary, Respondent, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 25, 1957.

Attorney(s) appearing for the Case

Mathias J. DeVito, Baltimore, Md. (Court appointed counsel) for appellant. Nathan Johnson, pro se, on the brief.

W. Bernard Smith, Asst. Atty. Gen. of West Virginia (W. W. Barron, Atty. Gen. of West Virginia, on brief), for appellee.

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.

PER CURIAM.

This is an appeal from an order dismissing a petition for a writ of habeas corpus by a prisoner serving a life sentence imposed by a state court of West Virginia. The questions raised by the petition are the same as those passed upon by the Supreme Court of Appeals of West Virginia in State ex rel. Nathan Johnson v. Skeen, 140 W.Va. 896, 87 S.E.2d 521, certiorari denied 351 U.S. 956, 76 S.Ct. 854, 100 L.Ed. 1478, where...

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