Peyton v. Webb

This is an appeal by C. C. Peyton, superintendent of the Virginia State Penitentiary, from a judgment of the trial court issuing a writ of habeas corpus ordering the superintendent to release the petitioner, Milton Lee Webb, from his custody and remanding him to the custody of the sheriff of Northumberland county, Virginia, for such action as the Commonwealth may be advised.

In his application for a writ of habeas corpus petitioner alleged that he was taken into custody on June 8, 1953, and charged with the murder of one Arthur Purcell; that no warrant of arrest was issued or served on him;…