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NOE v. PEYTON

Civ. A. No. 68-C-31-C.

310 F.Supp. 245 (1970)

James H. NOE, Petitioner, v. C. C. PEYTON (J. D. Cox), Superintendent, Virginia State Penitentiary, Respondent.

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

February 20, 1970.

Attorney(s) appearing for the Case

John Lowe, Charlottesville, Va., for petitioner.

Edward J. White, Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION and JUDGMENT

DALTON, Chief Judge.

This proceeding comes before the court on a petition for habeas corpus filed in forma pauperis by James H. Noe, a prisoner of the State of Virginia pursuant to the provisions of 28 U.S.C. A. § 2241.

Petitioner Noe is presently serving a five year sentence in the Virginia State Penitentiary pursuant to his conviction on February 9, 1962, in the Circuit Court of Albemarle County, Virginia, for grand...

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