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CAVE v. CUNNINGHAM

127 S.E.2d 118 (1962)

203 Va. 737

Lewis E. CAVE v. W. K. CUNNINGHAM, Jr., Superintendent of the Virginia State Penitentiary.

Supreme Court of Appeals of Virginia.

August 31, 1962.

Attorney(s) appearing for the Case

George G. Grattan, IV, Richmond (Christian, Barton, Parker, Epps & Brent, Richmond, on the brief), for petitioner.

Reno S. Harp, III, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., on the brief), for respondent.

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

WHITTLE, Justice.

This proceeding involves a petition for a writ of habeas corpus ad subjiciendum filed in this court by the petitioner, Lewis E. Cave, pursuant to the court's original jurisdiction in cases of habeas corpus. Section 88 of the Constitution of Virginia; § 17-97, Code of Virginia, 1950; Rule 1:4, Rules of Court; Burks Pleading and Practice (4th Ed., 1952) § 417, pp. 807-808.

On November 28, 1961, we entered a rule to show...

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