BURGESS v. CUNNINGHAM


139 S.E.2d 110 (1964)

205 Va. 623

Donald J. BURGESS v. W. K. CUNNINGHAM, Jr., Superintendent of the Virginia State Penitentiary, etc.

Supreme Court of Appeals of Virginia.

Rehearing Denied January 18, 1965.


Attorney(s) appearing for the Case

Buford M. Parsons, Jr., Richmond (G. Kenneth Miller, Richmond, on brief), for petitioner.

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

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


SNEAD, Justice.

The petitioner, Donald J. Burgess, invoked the original jurisdiction of this court pursuant to § 88 of the Constitution of Virginia, Code, § 17-97 and Rule 1:4, Rules of Court, and filed a petition and an amended petition for a writ of habeas corpus ad subjiciendum against W. K. Cunningham, Jr., Superintendent of the Virginia State Penitentiary (C. C. Peyton, now Superintendent, substituted respondent). The petitioner alleges that...

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