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HAMRICK v. BOLES

Civ. A. No. 1352-W.

231 F.Supp. 507 (1964)

Dallas Nathan HAMRICK, Petitioner, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Respondent.

United States District Court N. D. West Virginia, at Wheeling.

July 16, 1964.

Attorney(s) appearing for the Case

E. Douglas McKay, Wheeling, W. Va. (court appointed), for petitioner.

George H. Mitchell, Asst. Atty. Gen., for respondent.

PAUL, District Judge.

From the petition, its exhibits, the return to the writ, and the evidence adduced at the plenary hearing held herein, the following facts are found:

Upon his plea of guilty, the petitioner was convicted of malicious and felonious wounding, in the Circuit Court of Mingo County, West Virginia, September 23, 1957. He was sentenced to the statutory indeterminate term of 2 to 10 years, but, on January 28, 1958, the execution of this sentence...

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