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GHOLSTON v. BOLES

No. 8619.

305 F.2d 162 (1962)

Robert B. GHOLSTON, Appellant, v. Otto C. BOLES, Warden, West Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 15, 1962.

Attorney(s) appearing for the Case

Jolyon W. McCamic and Frederick P. Stamp, Jr., Wheeling, W. Va., Court-assigned counsel, for appellant.

Andrew J. Goodwin, Asst. Atty. Gen., of West Virginia, (C. Donald Robertson, Atty. Gen., of West Virginia, on the brief), for appellee.

Before SOPER, HAYNSWORTH and BRYAN, Circuit Judges.

HAYNSWORTH, Circuit Judge.

This state court prisoner, by means of a writ of habeas corpus in the federal court, seeks federal construction of a state statute. If the state statute means what the prisoner says it means, his commitment was invalid as a matter of state law, for the statute gave the committing court no power to revoke the prisoner's probation at the time the court purported to do so. Thus, he says, the question is one of jurisdiction of the state court...

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