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KELLY v. PEYTON

No. 12952.

420 F.2d 912 (1969)

Levi KELLY, Appellant, v. C. C. PEYTON, Superintendent, Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

May 12, 1969.

Attorney(s) appearing for the Case

No attorney for appellant.

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

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.

PER CURIAM:

Levi Kelly appeals from an order of the District Court (Dalton, J.) dismissing his petition for a writ of habeas corpus.

Petitioner is currently serving a sentence imposed in September, 1952 by the Corporation Court of Charlottesville, Virginia. After pleading not guilty to six counts of burglary, Kelly was tried by the court without a jury and found guilty of all six offenses. He did not appeal from the convictions, for which he received six consecutive...

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