Reickauer v. Peyton

The appellant in this habeas corpus proceeding attacked his Virginia convictions for breaking and entering in the nighttime with intent to commit grand larceny and for grand larceny. On appeal from an order dismissing the petition after a hearing, he advances for the first time the contention that, under the law of Virginia, he was improperly convicted of both offenses upon which consecutive sentences were imposed. Since there was one continuous course of conduct, he contends that, under Virginia law, particularly § 19.1-259 of the Code of Virginia (1950) as amended, there could properly have…