STATE v. BOLES

No. 12466.

142 S.E.2d 896 (1965)

STATE ex rel. Burl STAPLETON v. Otto C. BOLES, Warden, West Virginia State Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided June 29, 1965.


Attorney(s) appearing for the Case

Amos C. Wilson, Logan, for relator.

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


BERRY, Judge:

The petitioner, Burl Stapleton, filed a petition for a writ of habeas corpus invoking the original jurisdiction of this Court. The writ was granted on May 17, 1965, returnable June 8, 1965. The defendant filed a return and demurrer and the case was submitted for decision upon arguments and briefs on June 9, 1965.

The petitioner was indicted for the crime of breaking and entering by the grand jury of the Circuit Court of Logan County at the May...

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