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BALLOU v. BOOKER

No. 85-6085.

777 F.2d 910 (1985)

John BALLOU, Appellee, v. Edward BOOKER, Superintendent, Virginia State Penitentiary, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 20, 1985.

Attorney(s) appearing for the Case

Linwood T. Wells, Jr., Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., of Va., Richmond, Va., on brief), for appellant.

Michael C. Allen (Englisby, Barnes & Allen, Chesterfield, Va., on brief), for appellee.

Before HALL, SPROUSE, and WILKINSON, Circuit Judges.

KENNETH K. HALL, Circuit Judge:

Edward Booker, Superintendent of the Virginia State Penitentiary, ("the Common-wealth")1 appeals from an order of the United States magistrate granting John Ballou's petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. We reverse.

I.

Ballou was arrested on October 12, 1975, and charged with raping an eleven-year old girl. In her statement given to the police, the victim...

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