SMITH v. PEYTON

Civ. A. No. 68-C-26.

295 F.Supp. 1379 (1968)

Hillard Elmer SMITH, Petitioner, v. C. C. PEYTON, Superintendent, Virginia State Penitentiary, Respondent.

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

December 9, 1968.


Attorney(s) appearing for the Case

Reno S. Harp, III, Asst. Atty. Gen., Richmond, Va., for respondent.


Opinion and Judgment

DALTON, Chief Judge.

This proceeding is before this court upon remand from the Court of Appeals for the Fourth Judicial Circuit 408 F.2d 1009 for a determination of the merits of a petition for habeas corpus filed in forma pauperis by Hillard Elmer Smith, a prisoner in the Virginia State Penitentiary. The Fourth Circuit has found that the petitioner has exhausted his state remedies, and the question...

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