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PEYTON v. ELLYSON

150 S.E.2d 104 (1966)

207 Va. 423

C. C. PEYTON, Superintendent of the Virginia State Penitentiary v. Jessie J. ELLYSON.

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.

Edward L. Fox, Woodbridge, for defendant in error.

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

SNEAD, Justice.

C. C. Peyton, Superintendent of the Virginia State Penitentiary, appellant, appealed from a judgment of the Circuit Court of Prince William County awarding Jessie J. Ellyson, sometimes hereinafter called defendant, a writ of habeas corpus and adjudicating that a twelve-year sentence imposed upon him for robbery, under which he was being detained, is null and void.

Initially, defendant's petition for a writ of habeas corpus was...

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