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STATE v. BOLES

No. 12344.

137 S.E.2d 240 (1964)

State ex rel. Donald Edward MUNDY v. Otto C. BOLES, Warden, West Virginia, Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided July 7, 1964.

Attorney(s) appearing for the Case

John T. Poffenbarger, Charleston, for relator.

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

BERRY, Judge.

This petition for a writ of habeas corpus ad subjiciendum was filed under the original jurisdiction of this Court by Donald Edward Mundy, an inmate of the West Virginia Penitentiary, praying for his release therefrom on the ground that he is illegally confined therein under a void sentence from the Intermediate Court of Kanawha County. A writ was granted by this Court on June 16, 1964, returnable to June 23, 1964, at which time the case was submitted...

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