OYLER v. BOLES

No. 56.

368 U.S. 448 (1962)

OYLER v. BOLES, WARDEN.

Supreme Court of United States.

Decided February 19, 1962.


Attorney(s) appearing for the Case

David Ginsburg, acting under appointment by the Court, 365 U.S. 826, argued the cause and filed a brief for petitioners.

George H. Mitchell, Assistant Attorney General of West Virginia, argued the cause for respondent. With him on the brief was C. Donald Robertson, Attorney General. Fred H. Caplan entered an appearance for respondent.


MR. JUSTICE CLARK delivered the opinion of the Court.

The petitioners in these consolidated cases are serving life sentences imposed under West Virginia's habitual criminal statute. This Act provides for a mandatory life sentence upon the third conviction "of a crime punishable by confinement in a penitentiary."1 The increased penalty is to be invoked by an information filed by the prosecuting attorney "immediately upon conviction and...

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