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STATE v. BOLES

No. 12495.

144 S.E.2d 238 (1965)

STATE ex rel. William Leroy NUTTER, Jr. v. Otto C. BOLES, Warden West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided October 5, 1965.

Attorney(s) appearing for the Case

Jack D. Huffman, Charleston, for relator.

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

CAPLAN, Judge.

In this original proceeding in habeas corpus the petitioner, William Leroy Nutter, Jr., alleging that he is "unlawfully and illegally imprisoned and deprived of his liberty", seeks a writ to compel the respondent to release him from his custody. The writ was issued by this Court on July 26, 1965, returnable September 21, 1965, and counsel was appointed to represent the petitioner in this proceeding. On the return day the respondent produced the petitioner...

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