CASSIDY v. PEYTON


168 S.E.2d 125 (1969)

210 Va. 80

Rexford Garland CASSIDY v. C. C. PEYTON, Supt., etc.

Supreme Court of Appeals of Virginia.

June 16, 1969.


Attorney(s) appearing for the Case

F. H. Conway, Danville, 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 BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON, and HARRISON, JJ.


CARRICO, Justice.

The question involved in this habeas corpus appeal is whether Rexford Garland Cassidy, the petitioner, is entitled to a new trial because his original conviction of a felony was based upon a plea of nolo contendere.

The record shows that at the July, 1961, term of the Corporation Court of Danville, the petitioner was indicted for the malicious wounding of Freddie Anderson Goins. On September 16, 1961, the petitioner appeared in court...

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