FITZGERALD v. SMYTH


74 S.E.2d 810 (1953)

194 Va. 681

FITZGERALD v. SMYTH.

Supreme Court of Appeals of Virginia.

March 9, 1953.


Attorney(s) appearing for the Case

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

J. Lindsay Almond, Jr., Atty. Gen, Thomas M. Miller, Asst. Atty. Gen, for defendant in error.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, SMITH and WHITTLE, JJ.


SPRATLEY, Justice.

On October 18, 1944, petitioner, Arthur William Fitzgerald, a convict in the State Penitentiary of Virginia, was tried and convicted in the Circuit Court of the City of Richmond, upon an information which charged that he had been convicted of a felony on three previous occasions, and in each instance sentenced to confinement therefor in the penitentiary. A sentence to further confinement in the penitentiary for a term of ten years, to begin at the...

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