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STATE v. BOLES

No. 12366.

139 S.E.2d 259 (1961)

STATE ex rel. Jerry STUMBO v. Otto C. BOLES, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided December 15, 1964.

Attorney(s) appearing for the Case

Timothy N. Barber, St. Albans, for relator.

C. Donald Robertson, Atty. Gen., George H. Mitchell, Asst. Atty. Gen., Charleston, for respondent.

HAYMOND, President.

This is an original habeas corpus proceeding instituted in this Court on July 17, 1964, in which the petitioner, Jerry Stumbo, seeks a writ to require the defendant, Otto C. Boles, Warden of the West Virginia Penitentiary, to release him from the penitentiary where he is presently confined under an indeterminate sentence of one year to ten years, imposed by the Circuit Court of Logan County, West Virginia, on February 28, 1963. Upon the filing...

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