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SMYTH v. GAY

91 S.E.2d 425 (1956)

197 Va. 800

W. Frank SMYTH, Jr., Superintendent of the Virginia State Penitentiary, v. Harvey H. GAY, Sr.

Supreme Court of Appeals of Virginia.

March 5, 1956.

Attorney(s) appearing for the Case

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

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

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

SPRATLEY, Justice.

This case comes before us on a writ of error and supersedeas to an order of the Hustings Court of the City of Richmond, Part II, in a habeas corpus proceeding ordering the release of Harvey H. Gay, Sr., from the custody of W. Frank Smyth, Jr., Superintendent of the Virginia State Penitentiary.

The record shows that on September 17, 1953, in the Hustings Court of the City of Petersburg, Virginia, an indictment was returned under the...

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