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POST v. BOLES

No. 9133.

332 F.2d 738 (1964)

Burton Junior POST, Appellant, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 19, 1964.

Attorney(s) appearing for the Case

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

Claude A. Joyce, Asst. Atty. Gen. of West Virginia (C. Donald Robertson, Atty. Gen., of West Virginia, on brief), for appellee.

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

BOREMAN, Circuit Judge.

Burton Junior Post has been a prisoner in the West Virginia Penitentiary since 1956, serving sentences aggregating 125 years imposed by the Circuit Court of Roane County, West Virginia, after accepting his pleas of guilty to twelve felony indictments in which he was variously charged with armed robbery, kidnapping, breaking and entering or entering without breaking, and forgery. Admittedly he was not represented by

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