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STATE v. BOLES

No. 12342.

138 S.E.2d 851 (1964)

STATE ex rel. Franklin H. BECKETT v. Otto C. BOLES, Warden, West Virginia. Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided November 24, 1964.

Attorney(s) appearing for the Case

Phillips & Holden, John D. Phillips, Jr., Wheeling, for relator.

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

HAYMOND, President:

This is an original habeas corpus proceeding instituted in this Court in June 1964. The petitioner, Franklin H. Beckett, who is presently confined in the penitentiary of this State by virtue of a sentence of life imprisonment as a habitual criminal imposed by the Circuit Court of Wayne County, West Virginia, by its final judgment rendered December 5, 1960, seeks a writ to require the defendant, Otto C. Boles, Warden of the West Virginia Penitentiary...

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