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YOUNG v. BOLES

No. 9472.

343 F.2d 136 (1965)

Albert YOUNG, Appellant, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 5, 1965.

Attorney(s) appearing for the Case

Arthur M. Recht, Wheeling, W. Va. (Court-assigned counsel), for appellant.

George H. Mitchell, Asst. Atty. Gen. of W. Va. (C. Donald Robertson, Atty. Gen., of W. Va., on brief), for appellee.

Before SOBELOFF, BRYAN and BELL, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge.

Relief from life imprisonment imposed by a State court in West Virginia was asked of the Federal district court by Albert Young in an application for habeas corpus. The sentence was passed, and was statutorily permissible, upon a conviction of armed robbery. The point of the petition is, in effect, that the indictment and the evidence charged and established no more than the offense of unarmed robbery with the statutory maximum punishment...

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