BERRY, Judge:
This habeas corpus proceeding was instituted under the original jurisdiction of this Court, and on December 11, 1964, the writ was granted returnable to February 16, 1965. The matter was continued until March 2, 1965, at which time it was submitted for decision on arguments and briefs.
The petitioner was indicted by the grand jury of the Criminal Court of Mercer County, West Virginia, on July 5, 1960, for the crime of breaking and entering. On...
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