STATE v. BOLES

No. 12494.

144 S.E.2d 74 (1965)

STATE ex rel. David BROWNING v. Otto C. BOLES, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided September 21, 1965.


Attorney(s) appearing for the Case

William Walter Smith, Charleston, for relator.

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


BERRY, Judge:

This original habeas corpus proceeding was filed in this Court by the petitioner David Browning on July 9, 1965. The writ was granted on July 20, 1965, returnable September 1, 1965, at which time it was submitted for decision upon argument and brief.

The petitioner was indicted by the grand jury of Logan County in January, 1946, for the crime of armed robbery, and on January 18, 1946, he pleaded guilty to the charge as contained in the indictment...

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