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SMITH v. SLAYTON

Civ. A. No. 71-C-87-R.

331 F.Supp. 353 (1971)

James R. SMITH, Petitioner, v. Addison E. SLAYTON, Jr., Superintendent, Virginia State Penitentiary, Respondent.

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

September 14, 1971.

Attorney(s) appearing for the Case

C. Tabor Cronk, Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION and JUDGMENT

DALTON, District Judge.

This case comes before the court upon a petition for a writ of habeas corpus, filed in forma pauperis, pursuant to the provisions of 28 U.S.C. § 2241.

The petitioner is currently serving a twenty-five year sentence for first degree murder. This sentence was imposed by the Hustings Court of the City of Roanoke, Virginia on September 23, 1969 following the petitioner's plea of guilty. The petitioner...

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