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SLAYTON v. WEINBERGER

194 S.E.2d 703 (1973)

213 Va. 690

A. E. SLAYTON, Jr., Superintendent of the Virginia State Penitentiary v. Charles Jack WEINBERGER.

Supreme Court of Virginia.

March 5, 1973.

Attorney(s) appearing for the Case

James E. Kulp, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for plaintiff in error.

Leonard A. Paris, Richmond (D. Wayne O'Bryan, White, Cabell, Paris & Lowenstein, Richmond, on brief), for defendant in error.

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

HARMAN, Justice.

The trial court granted a writ of habeas corpus upon the petition of Charles Jack Weinberger (Weinberger or defendant), thereby setting aside an order of the Circuit Court of Chesterfield County of October 3, 1969, convicting Weinberger of performing an illegal abortion and sentencing him to confinement in the penitentiary for a term of ten years. We awarded a writ of error.

The trial judge, as required by Code § 8-596(b)(5), made the...

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