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PEYTON v. WEBB

149 S.E.2d 889 (1966)

C. C. PEYTON, Superintendent of the Virginia State Penitentiary v. Milton Lee WEBB.

Supreme Court of Appeals of Virginia.

September 9, 1966.

Attorney(s) appearing for the Case

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

W. Garland Clarke, Lively (Foster, Clarke & Johnston, Lively, on brief), for defendant in error.

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

I'ANSON, Justice.

This is an appeal by C. C. Peyton, superintendent of the Virginia State Penitentiary, from a judgment of the trial court issuing a writ of habeas corpus ordering the superintendent to release the petitioner, Milton Lee Webb, from his custody and remanding him to the custody of the sheriff of Northumberland county, Virginia, for such action as the Commonwealth may be advised.

In his application...

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