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JAMES v. BOLES

No. 9503.

339 F.2d 431 (1964)

Clayton W. JAMES, Appellant, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 20, 1964.

Attorney(s) appearing for the Case

Paul L. Teare, Wheeling, W. Va. (Court-assigned counsel), for appellant.

George H. Mitchell, Asst. Atty. Gen. of W. Va. (C. Donald Robertson, Atty. Gen. of W. Va., on brief), for appellee.

Before HAYNSWORTH and BRYAN, Circuit Judges, and GORDON, District Judge.

GORDON, District Judge:

Petitioner appeals from an order of the United States District Court for the Northern District of West Virginia dismissing his petition for habeas corpus. The decision of the District Court is affirmed.

At the January 1962 Term of the Intermediate Court of Kanawha County, the petitioner was indicted by the Grand Jury for statutory rape of his fourteen-year-old stepdaughter, who was also his adopted daughter. The offense was alleged...

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