Layne v. Gathright

OPINION and JUDGMENT

DALTON, District Judge.

This proceeding involves a pro se petition for a writ of habeas corpus filed in forma pauperis by Virgil Day Layne, a Virginia state prisoner, pursuant to 28 *741U.S.C. § 2254. Petitioner is presently detained according to judgments of the Circuit Court of Campbell County, Virginia, of January 9, 1968 and January 16, 1968, wherein he was convicted of five counts of statutory burglary and sentenced to a total of eleven years imprisonment. Petitioner attacks the conviction of January 9, 1968, alleging it is constitutionally invalid because (1) the evidence…