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STATE v. BOLES

No. 12422.

141 S.E.2d 70 (1965)

STATE ex rel. Simon WHYTSELL, Jr. v. Otto C. BOLES, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided March 16, 1965.

Attorney(s) appearing for the Case

Otis L. O'Connor, Charleston, for relator.

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

HAYMOND, Judge:

This is an original habeas corpus proceeding instituted in this Court on January 25, 1965, in which the petitioner, Simon Whytsell, Jr., 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 Calhoun County, West Virginia, by its final judgment entered April 14, 1954, seeks a writ to require the defendant, Otto C. Boles, Warden of the West Virginia...

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