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PYLES v. BOLES

No. 12280.

135 S.E.2d 692 (1964)

Marion PYLES v. Otto C. BOLES, Warden of the West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided April 7, 1964.

Dissenting Opinion April 15, 1964.

Attorney(s) appearing for the Case

C. Donald Robertson, Atty. Gen., Claude A. Joyce, Albert L. Sommerville, Asst. Attys. Gen., Charleston, for plaintiff in error.

Rickey & Chase, J. K. Chase, Jr., Moundsville, for defendant in error.

HAYMOND, President:

In this habeas corpus proceeding instituted in the Circuit Court of Marshall County, West Virginia, April 1, 1963, and now in this Court upon writ of error, the petitioner, Marion Pyles, seeks a writ to require the defendant, Otto C. Boles, Warden of the West Virginia Penitentiary, to release the petitioner from confinement in the penitentiary to which he was committed by a judgment of the Circuit Court of Monongalia County, West Virginia, rendered...

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