NOE v. COMMONWEALTH


153 S.E.2d 248 (1967)

207 Va. 849

James Harkins NOE v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

March 6, 1967.


Attorney(s) appearing for the Case

W. Raymond Minnix, Bedford, for plaintiff in error.

M. Harris Parker, Asst. Atty. Gen., (Robert Y. Button, Atty. Gen., on brief), for defendant in error.

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


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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