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FREEMAN v. SLAYTON

No. 73-2247.

550 F.2d 909 (1976)

Jesse James FREEMAN, Appellee, v. A. E. SLAYTON, Jr., Superintendent Virginia State Penitentiary, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 9, 1976.

Certiorari Denied February 22, 1977.

Attorney(s) appearing for the Case

Robert E. Shepherd, Jr., Asst. Atty. Gen. of Va., Richmond, Va. (Andrew P. Miller, Atty. Gen. of Va., Richmond, Va., on brief), for appellant.

Dailey J. Derr, Durham, N. C. [court-appointed counsel] (Oliver Halle, Everett, Everett & Creech, Durham, N. C., on brief), for appellee.

Before WINTER, BUTZNER and WIDENER, Circuit Judges.

Certiorari Denied February 22, 1977. See 97 S.Ct. 1150.

WIDENER, Circuit Judge:

Jesse James Freeman was convicted in the Circuit Court of Surry County of unlawful possession of a sawed-off shotgun, Va.Code of 1950 § 18.2-301 as amended, and sentenced to confinement in the penitentiary for a term of ten years.

Following denial of Freeman's petition for writ of error to the Supreme Court of Virginia, his petition to the United States District Court...

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