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PETTUS v. PEYTON

153 S.E.2d 278 (1967)

207 Va. 906

Daniel PETTUS v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary.

Supreme Court of Appeals of Virginia.

March 6, 1967.

Attorney(s) appearing for the Case

E. Falcon Hodges, South Hill (Hodges & Harris, South Hill, on brief), for plaintiff in error.

W. Luke Witt, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., Reno S. Harp, III, Asst. Atty. Gen., on brief), for defendant in error.

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

EGGLESTON, Chief Justice.

At the December, 1957 term of the Circuit Court of Mecklenburg county two indictments were found against Daniel Pettus and four others. One indictment charged them with felonious escape. The other charged that they, "In and upon one W. F. Harris, feloniously did make an assult, and the said W. F. Harris in bodily fear, feloniously did put, and one shotgun of the value of One Hundred ($100) Dollars, being the property of the Commonwealth...

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