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STOKES v. PEYTON

No. 13233.

437 F.2d 131 (1970)

Rufus STOKES, Appellant, v. Courtland C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 4, 1970.

Attorney(s) appearing for the Case

Beverley L. Crump, Richmond, Va. (Court-assigned) [Christian, Barton, Parker, Epps & Brent, Richmond, Va., on brief], for appellant.

Reno S. Harp, III, Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen., on brief), for appellee.

Before SOBELOFF, BOREMAN and BUTZNER, Circuit Judges.

SOBELOFF, Circuit Judge:

Rufus Stokes appeals from the denial of his petition for a writ of habeas corpus. For reasons to be developed, we agree with petitioner that he is entitled to relief and we reverse.

Earl Prince and Rufus Stokes were enemies of long standing. Rosetta Monroe was Prince's paramour and the mother of his 14-year-old daughter, Cecelia Prince, but apparently she had also, at one time, carried on...

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