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JOHNS v. SMYTH

Misc. No. 2454.

176 F.Supp. 949 (1959)

Raleigh JOHNS, Petitioner, v. W. Frank SMYTH, Jr., Superintendent, Virginia State Penitentiary, Respondent.

United States District Court E. D. Virginia, Norfolk Division.

September 29, 1959.

Attorney(s) appearing for the Case

Joseph E. Baker, Norfolk, Va., for petitioner.

A. S. Harrison, Jr., Atty. Gen., Thomas M. Miller and Reno S. Harp, III, Asst. Attys. Gen., for respondent.

WALTER E. HOFFMAN, District Judge.

Petitioner is a state prisoner serving a life sentence for the murder of one Melvin Childress in accordance with a final judgment of the Circuit Court of the City of Richmond, Virginia, entered on December 17, 1942. Petitioner and Childress were inmates at the State Penitentiary when the killing took place on October 7, 1942. While there is no transcript of the evidence available from...

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