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COUNCIL v. SMYTH

109 S.E.2d 116 (1959)

201 Va. 135

Raymond Thomas COUNCIL v. W. Frank SMYTH, Jr., Superintendent.

Supreme Court of Appeals of Virginia.

June 22, 1959.

Attorney(s) appearing for the Case

W. A. Hall, Jr., Richmond, for plaintiff in error.

Thomas M. Miller, Asst. Atty. Gen. (A. S. Harrison, Jr., Atty. Gen., on the brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD and I'ANSON, JJ.

I'ANSON, Justice.

On May 20, 1955, Raymond Thomas Council, hereinafter referred to as the petitioner, filed a petition in the Hustings Court of the City of Richmond, Part II, praying for a writ of habeas corpus ad subjiciendum, and alleging that he is illegally restrained and imprisoned by W. Frank Smyth, Superintendent of the Virginia State Penitentiary by reason of a void and illegal judgment of conviction entered on a verdict of a jury finding him guilty...

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