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WARLITNER v. WEATHERHOLTZ

Civ. A. No. 77-0049(H).

447 F.Supp. 82 (1977)

Robert Lewis WARLITNER, Petitioner, v. Glenn M. WEATHERHOLTZ, Sheriff, and Attorney General of Virginia, Respondents.

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

December 19, 1977.

Attorney(s) appearing for the Case

Franklin R. Blatt, Julias, Blatt & Blatt, Harrisonburg, Va., for petitioner.

James E. Kulp, Asst. Atty. Gen., Richmond, Va., for respondents.

MEMORANDUM OPINION AND ORDER

TURK, Chief Judge.

The petitioner, Robert Lewis Warlitner, was convicted on October 6, 1975, by a jury, in the Circuit Court of Rockingham County, of murder in the second degree and was sentenced to eight years in the penitentiary. The evidence in his murder trial showed previous animosity between him and the man he was convicted of killing, including assaults upon the petitioner by the decedent. Petitioner testified that just...

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