STATE v. BOLES

No. 12352.

137 S.E.2d 246 (1964)

STATE of West Virginia ex rel. Elza Alvin REED v. Otto C. BOLES, Warden of the West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided July 14, 1964.


Attorney(s) appearing for the Case

Hoyt N. Wheeler, Charleston, for relator.

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


BROWNING, Judge.

Petitioner, a prisoner in the West Virginia State Penitentiary, invoked the original jurisdiction of this Court by filing herein his petition asking for a writ of habeas corpus ad subjiciendum. The petitioner alleges that he is illegally confined in the penitentiary inasmuch as the indictment to which he pleaded not guilty, but of which he was found guilty by a jury, did not charge him with the commission...

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