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MANNS v. ALLMAN

Civ. A. No. 71-C-28-R.

324 F.Supp. 1149 (1971)

Spencer MANNS, Jr., Petitioner, v. Kermit ALLMAN, City Sergeant for the City of Roanoke, Virginia, Respondent.

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

April 5, 1971.

Attorney(s) appearing for the Case

Gerald G. Poindexter, Louisa, Va., Ralph W. Buxton, The Legal Aid Society of Roanoke Valley, Roanoke, Va., for petitioner.

Sam Garrison, Commonwealth's Atty., Roanoke, Va., for respondent.

OPINION and JUDGMENT

DALTON, Chief Judge.

On December 28, 1970 the petitioner was convicted, despite his plea of not guilty, of disorderly conduct by the Municipal Court for the City of Roanoke, a court not of record. He received a sentence of ninety (90) days in jail and a $300 fine which he appealed, pursuant to Va.Code Ann. §§ 16.1-132, 16.1-136 (Repl.Vol.1960), to the Hustings Court for the City of Roanoke. At this de novo trial petitioner...

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