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SMITH v. SUPERINTENDENT OF VIRGINIA STATE PEN.

200 S.E.2d 523 (1973)

214 Va. 359

Clarence Milton SMITH v. SUPERINTENDENT OF the VIRGINIA STATE PENITENTIARY.

Supreme Court of Virginia.

November 26, 1973.

Attorney(s) appearing for the Case

Thomas L. Woodward, Jr., Suffolk, for plaintiff in error.

James E. Kulp, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

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

CARRICO, Justice.

Clarence Milton Smith filed in the trial court a petition for a writ of habeas corpus seeking his release from the penitentiary. In his petition, Smith alleged that a recidivism sentence he had received was unlawful because it was based in part upon a void conviction entered against him by the trial court in 1945. The 1945 conviction was void, Smith further alleged, because he was only 17 years of age...

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