Smith v. Commonwealth

This is a companion case to M. L. Royster, etc. v. John Lewis Smith, decided at this session of the Court. The opinion in that case sets forth the relevant facts preceding the transfer of custody of John Lewis Smith, the plaintiff in error in this case, and defendant in error in that case, to the Circuit Court of Page county.

On September 22, 1952, when John Lewis Smith, hereinafter designated as defendant, under the order of the Circuit Court of Goochland county in the habeas corpus proceeding was taken to the Circuit Court of Page county, the latter court, following the erroneous decision of…