DARNELL v. PEYTON


160 S.E.2d 749 (1968)

Raymond DARNELL v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary.

Supreme Court of Appeals of Virginia.

April 22, 1968.


Attorney(s) appearing for the Case

William S. Smithers, Jr., Richmond (N. Leslie Saunders, Jr., Minor, Thompson, Savage & Smithers, Richmond, on brief), for plaintiff in error.

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

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


EGGLESTON, Chief Justice.

On March 3, 1965 Raymond Darnell filed in the court below a petition for a writ of habeas corpus attacking his current detention. Attached to the petition was an affidavit by Darnell that he "is without funds * * * to procure counsel to assist him in the proceedings of the prosecution of his writ" and that he "desires to be permitted to proceed in forma pauperis and to have counsel appointed for him." His request for the appointment of counsel...

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