Legal Opinion

Council v. Smyth

Supreme Court of Virginia

Decided June 22, 1959No. Record 4944PublishedCited by 15 opinions

The opinion states the case.

1Opinion of the CourtI'Anson, J.

On May 20, 1955, Raymond Thomas Council, hereinafter referred to as the petitioner, filed a petition in the Hustings Court of the City of Richmond, Part II, praying for a writ of habeas corpus ad subjiciendum, and alleging that he is illegally restrained and imprisoned by W. Frank Smyth, Superintendent of the Virginia State Penitentiary by reason of a void and illegal judgment of conviction entered on a verdict of a jury finding him guilty of rape in the Circuit Court of Princess Anne County, Virginia, on April 24, 1951. The writ was issued and made returnable to July 22, 1955. A hearing upon…

2Cases cited15 opinions

  1. Brown v. AllenSupreme Court of the United States · 1953
  2. In Re BeltSupreme Court of the United States · 1895
  3. Raymond Thomas Council v. CommonwealthSupreme Court of Virginia · 1956
  4. Royster v. SmithSupreme Court of Virginia · 1953
  5. State v. Marsh.Supreme Court of North Carolina · 1903

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3Cited by15 opinions

  1. Brooks v. PeytonSupreme Court of Virginia · 1969
  2. Wolfe v. CommonwealthSupreme Court of Virginia · 2003
  3. William C. Shiflett v. Commonwealth of Virginia, and C. C. Peyton, Superintendent of the Virginia State Penitentiary, John Henry Love v. Commonwealth of Virginia, Orrillion D. James v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1971
  4. Peyton v. EllysonSupreme Court of Virginia · 1966
  5. Fontaine v. CommonwealthCourt of Appeals of Virginia · 1997

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