HERN v. COX


186 S.E.2d 85 (1972)

212 Va. 644

Joe Julian HERN v. James D. COX, Superintendent of the Virginia State Penitentiary (A. E. Slayton, now Superintendent of the Virginia State Penitentiary, Substituted Defendant in Error).

Supreme Court of Virginia.

January 17, 1972.


Attorney(s) appearing for the Case

C. Willard Norwood, Richmond, for plaintiff in error.

Robert E. Shepherd, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

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


HARMAN, Justice.

Joe Julian Hern (Hern or petitioner) appeals from a final order of the trial court denying his petition for a writ of habeas corpus and remanding him to the custody of the penal authorities of the Commonwealth.

The two claims which he asserts here are that: (1) the record fails to show that he was convicted of robbery or any crime, and (2) he was ineffectively represented by counsel at his trial upon an indictment for robbery.

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