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DOWNEY v. PEYTON

Civ. A. No. 67-C-12-L.

291 F.Supp. 746 (1968)

John Henry DOWNEY, Petitioner, v. C. C. PEYTON, Superintendent, Virginia State Penitentiary, Respondent.

United States District Court W. D. Virginia, Lynchburg Division.

September 18, 1968.

Attorney(s) appearing for the Case

Gerald L. Baliles, Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION AND JUDGMENT

DALTON, Chief Judge.

This proceeding involves a petition for a writ of habeas corpus filed in forma pauperis by John Henry Downey, a prisoner of the State of Virginia, pursuant to the provisions of 28 U.S.C.A. § 2241.

Petitioner is presently serving a five year sentence following his conviction for grand larceny in the Corporation Court of Lynchburg, Virginia, on December 10, 1965.

Petitioner appealed his...

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