District Court, N.D. West Virginia November 24, 1969, Civ. A. No. C-69-2-E (Barker v. Coiner)

MAXWELL, Chief Judge.

Petitioner, James E. “Buckey” Barker, is presently incarcerated in the West Virginia State Penitentiary at Mounds-ville, West Virginia. His imprisonment resulted from a conviction by a jury verdict of guilty of the charge of second degree murder in the Circuit Court of Boone County, West Virginia.