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MOUNTS v. BOLES

No. 9048.

326 F.2d 186 (1963)

John Fink MOUNTS, Appellee, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 13, 1963.

Attorney(s) appearing for the Case

George H. Mitchell, Asst. Atty. Gen., of West Virginia (C. Donald Robertson, Atty. Gen., of West Virginia, on brief), for Appellant.

Jeremy C. McCamic and Thomas B. Miller, Wheeling, W. Va., (Court-assigned counsel) (Arthur M. Recht, Wheeling, W. Va., Court-assigned counsel on brief), for appellee.

Before BOREMAN and J. SPENCER BELL, Circuit Judges, and WATKINS, District Judge.

J. SPENCER BELL, Circuit Judge.

The State of West Virginia appeals from a judgment of the District Court requiring the defendant Boles, Warden of the penitentiary, to release the petitioner Mounts from custody. The judgment of the District Court is affirmed.

On May 30, 1956, Mounts was convicted of unlawful and felonious wounding, the statutory penalty for which is imprisonment for an indeterminate term of from one to five years. On May 31, 1956, when the...

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