STATE v. BOLES

No. 12274.

132 S.E.2d 505 (1963)

STATE ex rel. John Paul BROWNING v. Otto C. BOLES, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided September 24, 1963.


Attorney(s) appearing for the Case

Edward W. Hiserman, Charleston, for relator

C. Donald Robertson, Atty. Gen., J. Patrick Bower, Asst. Atty. Gen., Charleston, for respondent.


HAYMOND, Judge.

In this original habeas corpus proceeding instituted in this Court the petitioner, John Paul Browning, seeks a writ to require the defendant, Otto C. Boles, Warden of the West Virginia Penitentiary, to discharge him from his present custody in that institution under a sentence of confinement for an indeterminate period of one year to ten years, entered by the Circuit Court of Logan County on June 28, 1962.

Upon the petition this Court issued...

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