WHITLEY v. CUNNINGHAM


135 S.E.2d 823 (1964)

205 Va. 232

Frank WHITLEY v. W. K. CUNNINGHAM, Jr., Superintendent, etc.

Supreme Court of Appeals of Virginia.

April 27, 1964.


Attorney(s) appearing for the Case

Richard D. Mattox, Portsmouth (Lowell K. Clarke, Moody, Mattox, Atkinson & Young, Portsmouth, on brief), 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, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.


BUCHANAN, Justice.

Frank Whitley, a prisoner in the State penitentiary, filed in the court below on July 9, 1962, his petition for a writ of habeas corpus, alleging that he had been convicted and sentenced in violation of his constitutional rights. Thereupon, on July 13, 1962, the court entered a show cause order to the Superintendent and appointed Richard H. Mattox, a practicing attorney, to represent the petitioner. The Superintendent filed his answer and on October...

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