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SIMS v. COX

Civ. A. No. 70-C-47-H.

332 F.Supp. 1242 (1971)

James Lee SIMS, Petitioner, v. James D. COX, Superintendent, Virginia State Penitentiary, Respondent.

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

March 5, 1971.

Attorney(s) appearing for the Case

Vann H. Lefcoe, Asst. Atty. Gen., Richmond, Va., for defendant.

OPINION AND JUDGMENT

DALTON, Chief Judge.

The petitioner, James Lee Sims, seeks relief in this court from his alleged illegal detention by the respondent, Superintendent of the Virginia Penal System, pursuant to 28 U.S.C. section 2241. Petitioner was indicted by a grand jury in Rockingham County on December 18, 1967. On February 23, 1968 at his trial before a jury he entered a plea of not guilty. Although assisted by court appointed

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