BOLES v. KERSHNER

No. 8984.

320 F.2d 284 (1963)

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

United States Court of Appeals Fourth Circuit.

Decided June 29, 1963.


Attorney(s) appearing for the Case

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

George N. Caravasios, Wheeling, W. Va. (Court-assigned counsel), for appellee.

Before BOREMAN and BRYAN, Circuit Judges, and WINTER, District Judge.


WINTER, District Judge.

While the law of West Virginia does not require a transcript of trial proceedings as a condition precedent to exercise of the right to appeal, as a practical matter, a convicted layman cannot effectively prosecute an appeal without one. Michie's West Virginia Code (1961 Ed.) § 5251 (1); Chap. 51, Art. 7, § 7 of the Code of West Virginia (1931 Ed., as amended), provides that an indigent defendant desiring to appeal may obtain a transcript...

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