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BURLEY v. PEYTON

145 S.E.2d 175 (1965)

206 Va. 546

Lemuel Leroy BURLEY v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary.

Supreme Court of Appeals of Virginia.

November 29, 1965.

Attorney(s) appearing for the Case

Robert R. Gwathmey, III, Richmond, 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, CARRICO, and GORDON, JJ.

GORDON, Justice.

In this appeal from an order dismissing a petition for the writ of habeas corpus, the question is whether Lemuel Leroy Burley was adequately represented by counsel at his trial for armed robbery. Burley was represented by court-appointed counsel at the criminal trial and by different court-appointed counsel in this habeas corpus proceeding.

The grand jury convened March 19, 1956 and presented an indictment against Burley

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