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CHEWNING v. CUNNINGHAM

No. 63.

368 U.S. 443 (1962)

CHEWNING v. CUNNINGHAM, PENITENTIARY SUPERINTENDENT.

Supreme Court of United States.

Decided February 19, 1962.

Attorney(s) appearing for the Case

Daniel J. Meador, acting under appointment by the Court, 365 U.S. 875, argued the cause for petitioner. With him on the briefs was F. D. G. Ribble.

Reno S. Harp III, Assistant Attorney General of Virginia, argued the cause for respondent. With him on the brief was Frederick T. Gray, Attorney General.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Petitioner was sentenced to 10 years in prison under Virginia's recidivist statute. Va. Code, 1950, § 53-296. This statute provides that when it appears that a person convicted of an offense has been previously sentenced "to a like punishment," he may be tried on an information that alleges "the existence of records of prior convictions and the identity of the prisoner...

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