SPRATLEY, Justice.
This writ of error was awarded W. Frank Smyth, Jr., Superintendent of the Virginia State Penitentiary, to review a judgment of the lower court ordering the release of Harry Morrison, hereinafter referred to as petitioner, from custody of Superintendent Smyth.
We are first met by a motion to dismiss the writ of error on the ground that appellant failed to include in the record evidence showing that the petitioner was deprived of the right...
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