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CUNNINGHAM v. FRYE

125 S.E.2d 846 (1962)

203 Va. 539

W. K. CUNNINGHAM, Jr., Superintendent, etc. v. Glenn W. FRYE.

Supreme Court of Appeals of Virginia.

June 11, 1962.

Attorney(s) appearing for the Case

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

No brief or argument for defendant in error.

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

WHITTLE, Justice.

This case is before us upon a writ of error granted the Superintendent of the Virginia State Penitentiary to a final order of the Hustings Court of the City of Richmond, Part II, in a habeas corpus proceeding in which Glenn W. Frye was the petitioner. The order appealed from was dated April 11, 1961. It adjudicated that so much of the sentence imposed upon Frye in the Circuit Court of Smyth County on November 15, 1957, in excess of five years...

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