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CAUDILL v. PEYTON

164 S.E.2d 674 (1968)

George Hugh CAUDILL v. C. C. PEYTON, Supt., etc.

Supreme Court of Appeals of Virginia.

December 6, 1968.

Attorney(s) appearing for the Case

John W. Gillespie, Tazewell, for plaintiff in error.

Gerald L. Baliles, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., Reno S. Harp, III, Asst. Atty. Gen., Overton P. Pollard, Asst. Atty. Gen., on brief), for defendant in error.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, CARRICO, GORDON, and HARRISON, JJ.

SNEAD, Justice.

On November 21, 1966, George Hugh Caudill, petitioner, filed a petition for a writ of habeas corpus ad subjiciendum in the Circuit Court of the County of Tazewell. He alleged that he was being illegally detained by C. C. Peyton, Superintendent of the Virginia State Penitentiary, defendant, on a judgment order of conviction for murder in the first degree entered February 4, 1960 and an order sentencing him for the offense entered on March 11...

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