AREY v. PEYTON


164 S.E.2d 691 (1968)

Calvin Michael AREY v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary.

Supreme Court of Appeals of Virginia.

December 6, 1968.


Attorney(s) appearing for the Case

Richard S. Glasser, Norfolk, for plaintiff in error.

Edward J. White, 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 BUCHANAN, SNEAD, CARRICO, GORDON and HARRISON, JJ.


BUCHANAN, Justice.

The question in this case is whether the court below erred in not allowing Arey, herein referred to as petitioner, a full evidentiary hearing before denying and dismissing his petition for a writ of habeas corpus.

In April and May, 1965, upon his pleas of guilty, petitioner was convicted by the Corporation Court of the City of Norfolk of three armed robberies and of attempted murder in the first degree. On July 20, 1965, after the court...

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