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ABBOTT v. PEYTON

178 S.E.2d 521 (1971)

211 Va. 484

Elmer D. ABBOTT v. C. C. PEYTON, Supt., etc.

Supreme Court of Appeals of Virginia.

January 18, 1971.

Attorney(s) appearing for the Case

Daniel S. Brown, Roanoke (Hazlegrove, Carr, Dickinson, Smith & Rea, Roanoke, on brief), for plaintiff in error.

Anthony F. Troy, 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.

I'ANSON, Justice.

Petitioner, Elmer D. Abbott, filed a petition on October 18, 1967, for a writ of habeas corpus ad subjiciendum in the Hustings Court of the City of Roanoke against the respondent, C. C. Peyton, Superintendent of the Virginia State Penitentiary, attacking the judgment imposed on him by the court below on July 13, 1964, wherein he was found guilty of malicious wounding with intent, etc., and sentenced to the State penitentiary for a term of...

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