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THACKER v. PEYTON

No. 12571.

419 F.2d 1377 (1969)

Clyde Mason THACKER, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

July 25, 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 HAYNSWORTH, Chief Judge, and SOBELOFF and BUTZNER, Circuit Judges.

PER CURIAM:

Clyde Mason Thacker seeks a certificate of probable cause to appeal from an order of the district court (Dalton, J.) dismissing his petition for habeas corpus.

Thacker seeks to have invalidated two concurrent five-year sentences for housebreaking and a concurrent three-year sentence for arson imposed by the Circuit Court of Albemarle County on June 23, 1952. He began serving these sentences on July 29, 1955, after completing service of prior sentences...

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