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STATE v. BOLES

No. 12211.

130 S.E.2d 111 (1963)

STATE of West Virginia ex rel. Arnold T. FOSTER v. Otto C. BOLES, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided March 19, 1963.

Attorney(s) appearing for the Case

James M. Sprouse, Charleston, for relator.

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

CAPLAN, Judge.

In this original proceeding the petitioner, Arnold T. Foster, seeks a writ of habeas corpus ad subjiciendum, complaining that he is being held in confinement by the respondent under a sentence of life imprisonment imposed under the provisions of Code, 61-11-18 and 19, as amended, by a court which was without jurisdiction to impose such sentence. The Code provisions involved here are generally referred to...

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