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BAILEY v. PEYTON

Civ. A. No. 68-C-2-L.

284 F.Supp. 765 (1968)

John Robert BAILEY, Petitioner, v. C. C. PEYTON, Superintendent, Virginia State Penitentiary, Respondent.

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

May 23, 1968.

Attorney(s) appearing for the Case

Overton P. Pollard, Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION and JUDGMENT

DALTON, Chief Judge.

This case comes to the court upon a petition for a writ of habeas corpus, filed in forma pauperis by a state prisoner, pursuant to 28 U.S.C. § 2254.

Petitioner is currently serving a term of twenty-five years in the Virginia State Penitentiary, pursuant to a conviction for robbery by the Corporation Court of the City of Lynchburg on November 11, 1959. Petitioner waived his

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