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FERGUSON v. SUPERINTENDENT OF VA. ST. PEN.

208 S.E.2d 749 (1974)

215 Va. 269

Herbert Levi FERGUSON v. SUPERINTENDENT OF the VIRGINIA STATE PENITENTIARY.

Supreme Court of Virginia.

October 14, 1974.

Attorney(s) appearing for the Case

Donald R. Johnson, Lexington (Bernard J. Natkin, Lexington, on brief), for plaintiff in error.

Wilburn C. Dibling, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

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

HARRISON, Justice.

On November 3, 1971, Herbert Levi Ferguson, having waived trial by jury, was convicted by the lower court on an indictment charging him with breaking and entering the storehouse of the Western Auto Store in Buena Vista with intent to commit larceny, and was sentenced to confinement in the penitentiary for a period of 4 years. Defendant did not appeal the judgment of conviction.

On May 22, 1972, Ferguson filed in the court below a petition...

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