Tyson v. Hening

Under Code, § 53-296 1 , petitioner, Roy David Tyson, a convict in the Virginia State Penitentiary, was on December 14, 1960, tried and sentenced to confinement in the penitentiary for a term of one year by the Circuit Court of the City of Richmond upon an information which alleged that he had been convicted of felonies on three occasions and had been received in the penitentiary on two occasions. At the recidivist hearing he was not afforded the assistance of counsel and under the decision of the Supreme Court of the United States in Chewning v. Cunningham, 368 U. S. 443, 82 S. Ct. 498, 7 L.…