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GRIFFIN v. WILKERSON

Civ. A. Nos. 71-C-13-L, 71-C-79-A, 71-C-64-H.

335 F.Supp. 1272 (1972)

Roy Lee GRIFFIN, Petitioner, v. City Sergeant, John A. WILKERSON, for the City of Lynchburg, Virginia, Respondent. Tony Michael SMART, Petitioner, v. John S. GATHRIGHT, Superintendent of Bland Correctional Farm, Respondent. Ivan Carroll SHIFFLETT, Petitioner, v. A. L. STRAWDERMAN, Sheriff of Rockingham County, Virginia, Respondent.

United States District Court, W. D. Virginia, Lynchburg, Abingdon, Harrisonburg Divisions.

January 7, 1972.

Attorney(s) appearing for the Case

J. Frank Shepherd, Lynchburg, Va., for Griffin.

Erwin S. Solomon, Hot Springs, Va., for Shifflett.

Robert F. Rider, Roanoke, Va., for Smart.

Robert E. Shepherd, Jr., Asst. Atty. Gen., Richmond, Va., for defendant.

WIDENER, District Judge.

These three cases present common questions of law and similar matters of fact and have been consolidated.

The question in each case is whether, in Virginia, a court of record, in an appeal from a court not of record, may impose a sentence in excess of the sentence imposed by the lower court.

THE GRIFFIN FACTS

Roy Lee Griffin was convicted of assault and battery, a misdemeanor, in the Municipal Court of the City of...

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