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FRYE v. CUNNINGHAM

139 S.E.2d 107 (1964)

205 Va. 671

Glenn W. FRYE v. W. K. CUNNINGHAM, Jr., Superintendent of the Virginia State Penitentiary.

Supreme Court of Appeals of Virginia.

November 30, 1964.

Attorney(s) appearing for the Case

George M. Warren, Jr., Bristol, for plaintiff in error.

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

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

BUCHANAN, Justice.

This is an appeal by Glenn W. Frye from an order of the Circuit Court of Smyth county entered January 9, 1963, denying and dismissing his petition for a writ of habeas corpus, by which he sought release from a sentence of life imprisonment imposed by the Circuit Court of Smyth county on November 15, 1957, for the killing of William F. Tolbert.

Pursuant to the opinion and order of this court in the case of Cunningham v. Frye,

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