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ELLER v. PEYTON

171 S.E.2d 671 (1970)

Hansford B. ELLER v. C. C. PEYTON, Supt., etc.

Supreme Court of Appeals of Virginia.

January 19, 1970.

Attorney(s) appearing for the Case

Benjamin H. Woodbridge, Jr., Thomas F. Williams, Jr., Fredericksburg, 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 SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

CARRICO, Justice.

This appeal brings up for review a final order dismissing a petition for writ of habeas corpus filed by Hansford B. Eller, the petitioner, against C. C. Peyton, Superintendent of the Virginia State Penitentiary. James D. Cox, the present superintendent of the penitentiary, has been substituted in place of C. C. Peyton as respondent.

The record shows that on February 16, 1967, the petitioner was sentenced to serve ten years in the penitentiary...

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