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SUPERINTENDENT OF VA. STATE PEN. v. HAYES

207 S.E.2d 823 (1974)

SUPERINTENDENT OF the VIRGINIA STATE PENITENTIARY v. John Adam HAYES.

Supreme Court of Virginia.

August 28, 1974.

Attorney(s) appearing for the Case

Linwood T. Wells, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for plaintiff in error.

Benjamin N. A. Kendrick, Arlington, Va. (Wallace G. Dickson; Eugene P. Hines; Dickson & Kendrick, Arlington, Va., on brief), for defendant in error.

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

PER CURIAM.

Recently, in Penitentiary Superintendent v. Parrigan, 215 Va. 27, 205 S.E.2d 680 (1974), this court held that a prisoner lacks standing to raise in habeas corpus a nonjurisdictional constitutional defect which, although he had full opportunity, he failed to assert at his trial and upon appeal from his conviction. The question for decision here...

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