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MOORE v. PEYTON

176 S.E.2d 427 (1970)

211 Va. 119

Albert Stanley MOORE, No. 89689. v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary (James D. Cox, now Superintendent of the Virginia State Penitentiary, Substituted Respondent). Alfred Franklin ANCARROW, No. 71680 v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary (James D. Cox, now Superintendent of the Virginia State Penitentiary, Substituted Respondent). Alfred Franklin ANCARROW, No. 71680 v. John S. GATHRIGHT, Superintendent of the Bland Correctional Farm (James D. Cox, Superintendent of the Virginia State Penitentiary, Substituted Respondent).

Supreme Court of Appeals of Virginia.

September 4, 1970.

Attorney(s) appearing for the Case

G. Andrew Nea, Jr., Richmond (Wallerstein, Goode, Dobbins & Shuford, Richmond, on the brief), for petitioners.

W. Luke Witt, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on the brief), for respondents.

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

PER CURIAM.

The petitioners seek to determine the validity of sentences which they had fully served prior to the institution of these proceedings.

In Smyth v. Midgett, 199 Va. 727, 730, 101 S.E.2d 575, 578 (1958), we held: "A court does not have jurisdiction to determine the validity of a sentence under which the prisoner is not being detained. It follows that where a prisoner is being detained...

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