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HOOKER v. BOLES

No. 9823.

346 F.2d 285 (1965)

John Harry HOOKER, Appellant, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 31, 1965.

Attorney(s) appearing for the Case

Arthur T. Ciccarello, Charleston, W. Va., for appellant.

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

Before SOBELOFF and BOREMAN, Circuit Judges, and STANLEY, District Judge.

PER CURIAM:

Petitioner, John Harry Hooker, appeals from a judgment of the District Court for the Northern District of West Virginia dismissing, after a hearing, his habeas corpus petition. For reasons hereinafter stated, we think the judgment must be reversed.

On June 29, 1955, petitioner was found guilty of breaking and entering, the maximum penalty for which offense was confinement in the penitentiary for a period of ten years. When the jury verdict was...

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