DAY v. PEYTON

Civ. A. No. 69-C-11-L.

303 F.Supp. 221 (1969)

Earl DAY, Petitioner, v. C. C. PEYTON, Superintendent, Virginia State Penitentiary, Respondent.

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

July 9, 1969.


Attorney(s) appearing for the Case

W. Luke Witt, Asst. Atty. Gen., Richmond, Va., for respondent.


OPINION and JUDGMENT

DALTON, Chief Judge.

This case comes before the court on a petition for habeas corpus filed by Earl Day who is currently confined to the Virginia State Penitentiary as a result of the sentence imposed on April 7, 1955, in the Corporation Court, Lynchburg, Virginia on the charge of attempted rape after a plea of guilty and for a term of life.

The petition, filed in forma pauperis pursuant to the provisions of 28 U.S.C.A...

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