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ALLEY v. PADERICK

Civ. A. No. 73-C-170-R.

373 F.Supp. 920 (1974)

Roy Lee ALLEY, Petitioner, v. E. L. PADERICK, Superintendent, Virginia State Penitentiary, Respondent.

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

February 18, 1974.

Attorney(s) appearing for the Case

Robert E. Shepherd, Jr., Asst. Atty. Gen., Richmond, Va., for respondent.

Petitioner appears pro se.

OPINION and JUDGMENT

DALTON, District Judge.

Roy Lee Alley, a Virginia state prisoner, is presently incarcerated pursuant to a judgment of the Roanoke County Circuit Court of April 3, 1973, wherein he was convicted of larceny by uttering a bad check (§ 6.1-115 of the Virginia Code) and sentenced to five years in the State Penitentiary with three years of this term suspended during good behavior. He petitions this court for a writ of habeas corpus according...

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