MOUNTS v. BOLES

No. 8330.

293 F.2d 42 (1961)

John F. MOUNTS, Appellant, v. Otto C. BOLES, Warden, West Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 20, 1961.


Attorney(s) appearing for the Case

Thomas B. Miller and Jeremy C. McCamic, Wheeling, W. Va., for appellant.

George H. Mitchell, Asst. Atty. Gen. (C. Donald Robertson, Atty. Gen., on brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.


PER CURIAM.

This appeal involves the single question, whether appellant's constitutional rights were violated when the state court sentenced him in 1956 as a recidivist upon an information setting forth in specific detail four prior convictions without, however, attaching the official records of such convictions. Having presented this issue once to the state courts and the Supreme Court of the United States, it thus appears that he has exhausted his state remedies...

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