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HAIRSTON v. SLAYTON

Civ. A. No. 71-C-45-D.

333 F.Supp. 197 (1971)

Matthew HAIRSTON, Jr., Petitioner, v. A. E. SLAYTON, Jr., Superintendent, Virginia State Penitentiary, Respondent.

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

October 26, 1971.

Attorney(s) appearing for the Case

Matthew Hairston, Jr., pro se.

Gilbert W. Haith, Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION

WIDENER, Chief Judge.

The petitioner, Matthew Hairston, Jr., was convicted of first degree murder and sentenced to life imprisonment in the Virginia State Penitentiary by the Circuit Court of Pittsylvania County on February 9, 1949. No appeal was taken from this conviction. The petitioner filed a petition for a writ of habeas corpus in the Circuit Court of Pittsylvania County on May 13, 1970. The petition

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