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WESLEY v. COMMONWEALTH

56 S.E.2d 362 (1949)

190 Va. 268

WESLEY v. COMMONWEALTH.

Supreme Court of Appeals of Virginia.

November 21, 1949.

Attorney(s) appearing for the Case

W. A. Hall, Jr., Richmond, for plaintiff in error.

Attorney General J. Lindsay Almond, Jr., Assistant Attorney General Ballard Baker, for Commonwealth.

Before HUDGINS, C. J., and GREGORY, EGGLESTON, SPRATLEY, BUCHANAN, STAPLES and MILLER, JJ.

MILLER, Justice.

On December 14, 1948, an information was filed in the Circuit Court of the city of Richmond against Gilford Wesley in which it was charged that he had been convicted of a felony on three previous occasions and in each instance sentenced to the penitentiary. On February 7, 1949, he was tried and convicted as a recidivist and a term of ten years confinement in the penitentiary imposed.

The material portion of section 5054 of the Code of Virginia...

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