SPRATLEY, Justice.
James Harkins Noe was at the January, 1957, term of the Circuit Court of Bedford County, indicted by the grand jury for statutory burglary. Section 18-159, Code of Virginia, 1950, now § 18.1-86, 1960 Repl.Vol. He was tried on January 2, 1957, convicted, and sentenced to serve 12 years in the penitentiary. On November 20, 1963, his petition for a writ of habeas corpus was denied by the Circuit Court of Bedford County. We refused an appeal...
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