Dillon v. Peyton

OPINION and JUDGMENT

DALTON, Chief Judge.

This case comes now to the court upon a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241, by James Russell Dillon, a state prisoner, and it is filed in forma pauperis. The petition was filed in the United States District Court for the Eastern District of Virginia on June 5, 1968 and was ordered transferred to this court.

Petitioner is now serving a term of forty years in the Virginia State Penitentiary pursuant to a judgment of the Circuit Court of Franklin County on July 10, 1964, wherein petitioner was convicted of first degree…