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McCLURE v. BOLES

Civ. A. No. 1400-W.

233 F.Supp. 928 (1964)

Elwood McCLURE, Petitioner, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Respondent.

United States District Court N. D. West Virginia, at Wheeling.

October 5, 1964.

Attorney(s) appearing for the Case

Sam E. Schafer, Wheeling, W. Va., for petitioner.

Andrew J. Goodwin, Asst. Atty. Gen., for respondent.

PAUL, Chief Judge.

In January, 1958, the petitioner McClure was jointly indicted with two others, Dunbar and Vanater, by the grand jury of Kanawha County, West Virginia, for feloniously entering, without breaking, and with larcenous intent, a business establishment in Charleston, West Virginia. The penalty prescribed by statute for the offense is an indeterminate sentence of 1 to 10 years. Both McClure and Vanater had records of two or more previous convictions.<...

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