STATE v. BOLES

No. 12367.

139 S.E.2d 370 (1964)

STATE ex rel. Larry ARBRAUGH v. Otto C. BOLES, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided December 18, 1964.


Attorney(s) appearing for the Case

Timothy N. Barber, St. Albans, 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 was instituted under the original jurisdiction of this Court by the petitioner, Larry Arbraugh, an inmate of the West Virginia State Penitentiary at Moundsville, and was returnable September 15, 1964, but was continued by agreement of the parties until November 10, 1964, at which time it was submitted on arguments and briefs for decision of this Court.

The petitioner was indicted on October 6, 1947, by...

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