KING v. ROUSE

Civ. A. No. 70-C-65-A.

316 F.Supp. 1039 (1970)

Billy Wayne KING, Petitioner, v. Dick B. ROUSE, Commonwealth Attorney, Bristol, Virginia, the Honorable M. M. Long, Judge, Wise County, Virginia, and Doris Ozella Brent, Respondents.

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

August 14, 1970.


Attorney(s) appearing for the Case

Dean M. Greiner, Bristol, Va., for petitioner.

Bradley Roberts, Stant, Roberts & McGowan, Bristol, Va., for Dick Rouse.

Vann H. Lefcoe, Asst. Atty. Gen., Richmond, Va., for M. M. Long.

C. H. Smith, Jr., Abingdon, Va., for Doris Ozella Brent.


DISMISSAL

DALTON, Chief Judge.

On September 12, 1967, Billy Wayne King, petitioner, was tried by the Corporation Court of Bristol for attempted rape. He was convicted upon a plea of guilty and sentenced to three years imprisonment.

This action, entitled "Petition For Suit in Equity, and an Injunction of Civil Action * * *", was filed under 42 U.S.C. § 1983. Petitioner alleges that perjured testimony was knowingly used by the Commonwealth Attorney...

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