STATE v. BOLES

No. 12351.

138 S.E.2d 159 (1964)

STATE ex rel. William K. POWERS v. Otto C. BOLES, Warden, etc.

Supreme Court of Appeals of West Virginia.

Decided September 29, 1964.


Attorney(s) appearing for the Case

Samuel D. Littlepage, Point Pleasant, Harry F. Thompson, Jr., Huntington, for relator.

Atty. Gen. C. Donald Robertson, Asst. Atty. Gen. George H. Mitchell, Charleston, for respondent.


CALHOUN, Judge.

In this proceeding in habeas corpus, William K. Powers, the relator, asserts that he is illegally detained in the state penitentiary.

On May 9, 1963, the relator entered a plea of guilty in the Circuit Court of Mason County to an indictment charging him with having obtained money and property by false pretense in violation of the provisions of Code, 1931, 61-3-24, a portion of which is as follows: "If any person obtain from another, by any...

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