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BURTON v. PEYTON

171 S.E.2d 822 (1970)

James Clyde BURTON v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary.

Supreme Court of Appeals of Virginia.

January 19, 1970.

Attorney(s) appearing for the Case

William A. Young, Jr., Richmond (Wallerstein, Goode, Dobbins & Shuford, Richmond, on brief), for plaintiff in error.

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

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

HARRISON, Justice.

James Clyde Burton is before us on a writ of error to a judgment of the court below denying his petition for a writ of habeas corpus following a plenary hearing on November 20, 1967. Petitioner attacks a judgment imposed upon him on July 19, 1962, wherein he was sentenced to life imprisonment for the murder of Thomas Joe Howell.

On Sunday, November 5, 1961, about 6:30 P.M., Howell was killed by an assailant, then unknown, while in his automobile...

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