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YATES v. PEYTON

147 S.E.2d 767 (1966)

207 Va. 91

Bobby Ray YATES v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary.

Supreme Court of Appeals of Virginia.

April 25, 1966.

Attorney(s) appearing for the Case

J. Taylor Williams, Cumberland, 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 BUCHANAN, SNEAD, I'ANSON, CARRICO and GORDON, JJ.

SNEAD, Justice.

This is an appeal from an order of the Circuit Court of Cumberland County, wherein a petition for a writ of habeas corpus ad subjiciendum filed by Bobby Ray Yates, sometimes hereinafter called petitioner, against C. C. Peyton, Superintendent of the Virginia State Penitentiary, sometimes hereinafter referred to as respondent, was denied and dismissed.

At the time the order was entered, petitioner was being detained by respondent pursuant...

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