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MIRACLE v. PEYTON

176 S.E.2d 339 (1970)

211 Va. 123

Archie Lee MIRACLE v. C. C. PEYTON, Supt., etc.

Supreme Court of Appeals of Virginia.

September 4, 1970.

Attorney(s) appearing for the Case

James L. Berry, Winchester (Kuykendall & Whiting, Winchester, on the brief), for plaintiff in error.

Edward J. White, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., on the brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

SNEAD, Chief Justice.

Archie Lee Miracle, petitioner, appeals from a judgment entered on December 15, 1967, denying and dismissing his petition for a writ of habeas corpus.

On November 15, 1965 petitioner was indicted by the grand jury of the Circuit Court of Frederick County for the robbery and attempted murder of Frank J. Damron. On the same day the trial court appointed James T. Tate, Jr. as counsel for Miracle...

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