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STATE v. KING

No. 12452.

142 S.E.2d 880 (1965)

STATE ex rel. Frank OWENS v. Frank B. KING, Warden, Medium Security Prison.

Supreme Court of Appeals of West Virginia.

Decided June 29, 1965.

Attorney(s) appearing for the Case

Daniel D. Dahill, Logan, for relator.

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

CALHOUN, Judge:

Frank Owens, a prisoner in the West Virginia Medium Security Prison, has presented to this Court a petition in habeas corpus by which he seeks to be released from his imprisonment. A writ was awarded and made returnable on May 18, 1965, and an attorney was appointed by the Court to represent the prisoner. The respondent filed a return and a demurrer to the petition. The matter was submitted to the Court on the pleadings, an affidavit made by the prisoner...

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