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STEVENSON v. BOLES

No. 9202.

331 F.2d 939 (1964)

Ernest STEVENSON, Appellee, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellant.

United States Court of Appeals Fourth Circuit.

Decided April 28, 1964.

Attorney(s) appearing for the Case

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

Ronald P. Sokol, Charlottesville, Va. [Court-assigned counsel] (Tom T. Baker, Huntington, W. Va., Court-assigned counsel, on brief), for appellee.

Before SOBELOFF, Chief Judge, and BRYAN and J. SPENCER BELL, Circuit Judges.

PER CURIAM.

This is an appeal by the State of West Virginia from an order of the District Court directing that the prisoner Ernest Stevenson be released or retried within a reasonable time. The District Court found that the prisoner's constitutional rights had been violated by the introduction at his original trial of a coerced oral confession. The District Court's opinion is published at 221 F.Supp. 411.

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