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STATE v. BOLES

No. 12408.

140 S.E.2d 622 (1965)

STATE ex rel. Harvey V. KELLY v. Otto C. BOLES, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided March 9, 1965.

Attorney(s) appearing for the Case

Arthur Recht, Wheeling, for relator.

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

HAYMOND, Judge:

In this original habeas corpus proceeding, instituted in this Court on December 11, 1964, the petitioner, Harvey V. Kelly, seeks a writ to require the defendant, Otto C. Boles, Warden of the West Virginia Penitentiary, to release him from the penitentiary where he is presently confined under a sentence of life imprisonment imposed by the Intermediate Court of Ohio County, West Virginia, on December 5, 1936. Upon the filing of the petition this Court...

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