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PORTER v. LEEKE

Civ. A. No. 78-16.

457 F.Supp. 253 (1978)

James R. PORTER, Petitioner, v. Commissioner William D. LEEKE, as Director of the South Carolina Department of Corrections, Respondent.

United States District Court, D. South Carolina, Rock Hill Division.

August 28, 1978.

Attorney(s) appearing for the Case

Palmer Freeman, Jr., Fort Mill, S.C., for petitioner.

Emmet H. Clair, Katherine W. Hill, Asst. Attys. Gen., Columbia, S.C., for respondent.

ORDER

BLATT, District Judge.

Petitioner in this habeas corpus action was tried on charges of assault and battery with intent to kill, and convicted of the lesser included offense of assault and battery of a high and aggravated nature. The facts surrounding the incident are cogently set out in the opinion of the Supreme Court of South Carolina in State v. Porter, S.C., 239 S.E.2d 641

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