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PEYTON v. CHRISTIAN

155 S.E.2d 335 (1967)

208 Va. 105

C. C. PEYTON, Superintendent of the Virginia State Penitentiary v. Jerry E. CHRISTIAN.

Supreme Court of Appeals of Virginia.

June 12, 1967.

Attorney(s) appearing for the Case

Reno S. Harp, III, Asst. Atty. Gen., (Robert Y. Button, Atty. Gen., on brief), for plaintiff in error.

Frank A. S. Wright, Richmond, for defendant in error.

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

BUCHANAN, Justice.

Jerry E. Christian, petitioner, filed a petition for a writ of habeas corpus ad subjiciendum in the Law and Equity Court of the City of Richmond on September 23, 1965, alleging that he was being illegally detained by C. C. Peyton, Superintendent of the Virginia State Penitentiary, respondent. He averred that on September 9, 1965, by an order of the Circuit Court of the City of Chesapeake, a sentence of four years in the penitentiary imposed...

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