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DURKIN v. DAVIS

No. 75-1338.

538 F.2d 1037 (1976)

Thomas Harry DURKIN, Appellee, v. Jack F. DAVIS, Director, Dept. of Corrections, et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 23, 1976.

Attorney(s) appearing for the Case

Jim L. Chin, Asst. Atty. Gen. of Va., Richmond, Va. (Andrew P. Miller, Atty. Gen. of Va., and Robert E. Shepherd, Jr., Asst. Atty. Gen. of Va., Richmond, Va., on brief) for appellants.

John D. Grad, Alexandria, Va. (Philip Hirschkop and Associates, Alexandria, Va., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, and RUSSELL and WIDENER, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

§ 53-208, Code of Virginia (1950), as amended, provides that any person sentenced for confinement under the criminal laws of that Commonwealth "shall have deducted from any such [sentence] all time actually spent * * * in jail * * * awaiting trial, or pending an appeal" and "it shall be the duty of the court or judge, when entering the final order in any such case, to provide that such person so convicted be given credit for the...

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