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SMITH v. SLAYTON

Civ. A. No. 73-C-44-D.

369 F.Supp. 1213 (1973)

Kenneth M. SMITH, Petitioner, v. A. E. SLAYTON, Jr., Superintendent, Virginia State Penitentiary, Respondent.

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

December 11, 1973.

Attorney(s) appearing for the Case

John C. Lowe, Lowe & Gordon, Charlottesville, Va., for petitioner.

Robert E. Shepherd, Asst. Atty. Gen., Richmond, Va., J. Randolph Smith, Jr., Martinsville, Va., for respondent.

OPINION

TURK, Chief Judge.

The Petitioner, Kenneth Wayne Smith, is a Commonwealth of Virginia prisoner. He was initially tried by a jury in 1971 in the Corporation Court for the City of Martinsville, Virginia, having been indicted for aiding and abetting the sale of marijuana, and during the trial he voluntarily took the stand and testified in his own defense. He was convicted, fined $300.00 and sentenced to a term of three years in the penitentiary. Petitioner...

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