Cunningham v. Smith

This writ of error, awarded W. K. Cunningham, Jr., Superintendent of the Virginia. State Penitentiary, challenges the ruling of the trial court, rendered in a habeas corpus proceeding, that Louis Nor-wood Smith was being detained by the Superintendent without lawful authority.

On April 4, 1960, Smith was indicted for incest by the Grand Jury of the City of Hampton. On the same date, he was also indicted by the same grand jury for rape. ...

Smith was arraigned and entered a plea of not guilty to each charge. On April 25, 1960, he waived trial by jury and was on that date tried and convicted by…