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STATE v. BOLES

No. 12463.

142 S.E.2d 769 (1965)

STATE ex rel. Walter J. KOZDRON v. Otto C. BOLES, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided June 22, 1965.

Attorney(s) appearing for the Case

Arthur M. Recht, Wheeling, for relator.

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

CAPLAN, Judge:

Upon the petition of Walter J. Kozdron, the petitioner herein, this Court granted a writ of habeas corpus ad subjiciendum returnable June 8, 1965, and appointed counsel to represent him in this proceeding. On the return day the defendant, pursuant to the writ, produced the petitioner and filed his return and demurrer to said petition. Thereupon this case was submitted for decision upon the petition, the affidavit and exhibits of the petitioner, the...

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