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POTTS v. SUPERINTENDENT OF VIRGINIA STATE PEN.

192 S.E.2d 780 (1972)

213 Va. 432

Kenneth Frank POTTS v. SUPERINTENDENT OF the VIRGINIA STATE PENITENTIARY.

Supreme Court of Virginia.

November 27, 1972.

Attorney(s) appearing for the Case

Roland C. Woodward, Richmond, (Woodward & McCowan, Richmond, on brief), for plaintiff in error.

Burnett Miller, III, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

COCHRAN, Justice.

Kenneth Frank Potts appeals from a judgment order entered by the trial court on December 29, 1971, denying his petition for a writ of habeas corpus. The sole question for our determination is whether Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972), requiring appointment of counsel for indigent defendants in certain misdemeanor cases, shall be given retrospective effect.

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