STATE v. KING

No. 12436.

142 S.E.2d 59 (1965)

STATE of West Virginia ex rel. Carl FOUNTAIN v. Frank B. KING, Warden, Medium Security Prison, Huttonsville, West Virginia.

Supreme Court of Appeals of West Virginia.

Decided May 11, 1965.


Attorney(s) appearing for the Case

Glyn Dial Ellis, Logan, for relator.

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


CALHOUN, Judge.

On January 19, 1959, Carl Fountain, the relator in this habeas corpus proceeding, appearing in person and by counsel in the Circuit Court of Logan County, entered a plea of guilty to a charge of felonious assault contained in an indictment pending against him in that court. At the same term of court and before sentence was pronounced, the prosecuting attorney presented to the court and filed an information...

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