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STATE v. TUCKER

No. 10922.

100 S.E.2d 550 (1957)

STATE ex rel. Raymond F. ROBERTS v. E. H. TUCKER, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided October 29, 1957.

Concurring Opinion November 25, 1957.

Attorney(s) appearing for the Case

Benjamin F. Yancey, Jr., Bluefield, for relator.

W. W. Barron, Atty. Gen., George Howard Mitchell, Asst. Atty. Gen., for respondent.

BROWNING, Judge.

In this original proceeding in habeas corpus ad subjiciendum, relator, Raymond F. Roberts, filed his petition alleging that: On July 19, 1957, the Criminal Court of Mercer County sentenced relator, upon his plea of guilty to the charge of armed robbery, to confinement in the penitentiary of this State for the term of ten years; on the same day, he escaped from the custody of the jailer of the Mercer County jail; he was recaptured on July 20, 1957...

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