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STATE v. BOLES

No. 12451.

142 S.E.2d 471 (1965)

STATE ex rel. Robert DAYTON v. Otto C. BOLES, Warden, W. Va. Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided June 8, 1965.

Attorney(s) appearing for the Case

Charles A. Kiser, Martinsburg, for relator.

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

BROWNING, President.

Upon application of the petitioner, Robert Dayton, this Court issued a writ of habeas corpus ad subjiciendum returnable May 18, 1965, and appointed counsel to represent him in this proceeding. The petition avers that petitioner is presently serving a life sentence in the penitentiary as a recidivist, imposed by the Circuit Court of Berkeley County in 1942 upon his plea of guilty to an indictment charging the offense of sodomy and his admission...

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