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DAVIS v. PEYTON

178 S.E.2d 679 (1971)

211 Va. 525

Charles Arnold DAVIS v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary.

Supreme Court of Appeals of Virginia.

January 18, 1971.

Attorney(s) appearing for the Case

Robert F. Brooks, Richmond (Hunton, Williams, Gay, Powell & Gibson, Richmond, on brief), for plaintiff in error.

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

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

COCHRAN, Justice.

Petitioner, Charles Arnold Davis, on August 23, 1954 was convicted of malicious wounding and sentenced to five years in the penitentiary.

On May 14, 1968, while serving a sentence imposed upon him as a recidivist, based upon three felony convictions, Davis filed in the lower court his petition for a writ of habeas corpus. In it he attacked the second of his felony convictions, the 1954 conviction for malicious wounding on the grounds of ineffective...

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