STATE v. BOLES

No. 12434.

142 S.E.2d 62 (1965)

STATE ex rel. Treevie WAUGH v. Otto C. BOLES, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided May 18, 1965.


Attorney(s) appearing for the Case

Naaman J. Aldredge, Logan, for relator.

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


BERRY, Judge.

The petitioner, Treevie Waugh, filed a petition for a habeas corpus ad subjiciendum on February 16, 1965, invoking the original jurisdiction of this Court in connection therewith. The writ prayed for was granted and the proceeding set for hearing on April 27, 1965, at which time the case was argued and submitted to the Court for decision.

The facts are undisputed in this case. The petitioner was indicted on May 13, 1957, by the grand jury...

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