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STATE v. BOLES

No. 12426.

140 S.E.2d 611 (1965)

STATE ex rel. Wilbert RIDER v. Otto C. BOLES, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided March 2, 1965.

Attorney(s) appearing for the Case

C. R. Hill, Jr., Fayetteville, for relator.

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

CAPLAN, Judge:

In this original habeas corpus proceeding instituted in this Court on January 23, 1965, the petitioner, Wilbert Rider, seeks a writ to compel the respondent, Otto C. Boles, Warden of the West Virginia Penitentiary, to release him from custody. A writ was issued by this Court on February 1, 1965. Counsel was appointed to represent the petitioner and the writ was made returnable on February 16, 1965.

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