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STATE v. BOLES

No. 12109.

120 S.E.2d 707 (1961)

STATE of West Virginia ex rel. Franklin Acy COX v. Otto C. BOLES, Warden of West Virginia State Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided June 13, 1961.

Attorney(s) appearing for the Case

Arthur Ritz Kingdon, Mullens, for relator.

C. Donald Robertson, Atty. Gen., Simon M. Bailey, Asst. Atty. Gen., for respondent.

HAYMOND, President.

In this original habeas corpus proceeding instituted in this Court on May 8, 1961, the petitioner, Franklin Acy Cox, seeks a writ to compel the defendant, Otto C. Boles, Warden of West Virginia State Penitentiary at Moundsville, West Virginia, to release the petitioner, who is now confined in the penitentiary, from a sentence of five years imposed by the Circuit Court of Wyoming County on February 18, 1959, in addition to a sentence for an indeterminate...

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