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SMYTH v. BUNCH

116 S.E.2d 33 (1960)

202 Va. 126

W. Frank SMYTH, Jr., Superintendent, etc. v. Linwood BUNCH.

Supreme Court of Appeals of Virginia.

September 2, 1960.

Attorney(s) appearing for the Case

Reno S. Harp, III, Asst. Atty. Gen. (A. S. Harrison, Jr., Atty. Gen., Thomas M. Miller, Asst. Atty. Gen., on the brief), for plaintiff in error.

T. Warren Messick, Harvey S. Lutins, Roanoke, for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, WHITTLE, SNEAD, and I'ANSON, JJ.

I'ANSON, Justice.

This case is before us on a writ of error and supersedeas granted W. Frank Smyth, Jr., Superintendent of the Virginia State Penitentiary, to an order of the Hustings Court of the City of Richmond, Part II, in a habeas corpus proceeding wherein the court adjudged to be void the final judgment order of conviction of the Corporation Court of the City of Newport News entered on January 5, 1959, imposing a death

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