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WHORLEY v. COMMONWEALTH

Record No. 740490.

214 S.E.2d 447 (1975)

215 Va. 740

Charles William WHORLEY v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 28, 1975.

Attorney(s) appearing for the Case

Paul Whitehead, Jr., Lynchburg, F. Guthrie Gordon, III, Charlottesville (Lowe & Gordon, Ltd., Charlottesville, on brief), for plaintiff in error.

Robert E. Shepherd, 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, POFF and COMPTON, JJ.

HARRISON, Justice.

We decide here whether the Commonwealth may rely upon an order adjudging a defendant to be a habitual offender which is based, in part, upon a misdemeanor conviction obtained in the absence of counsel.

On November 4, 1970, action was taken against Charles William Whorley in the Circuit Court of Bedford County under the Virginia Habitual Offender Act, Code § 46. 1-387.6. He was adjudged to...

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