STATE v. BOLES

No. 12602.

151 S.E.2d 110 (1966)

STATE ex rel. Paul Ellis DAVIS v. Otto C. BOLES, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided November 15, 1966.


Attorney(s) appearing for the Case

G. Charles Hughes, Moundsville, for relator.

C. Donald Robertson, Atty. Gen., Thomas B. Yost, Asst. Atty. Gen., Charleston, for respondent.


CAPLAN, President.

The petitioner, Paul Ellis Davis, invoked the original jurisdiction of this Court by filing herein a petition for a writ of habeas corpus. The writ was granted on September 12, 1966, returnable on October 4, 1966, and counsel was appointed to represent the petitioner in this proceeding. An issue of fact having been raised by the pleadings, it became necessary to take depositions to resolve such issue and, by agreement of the parties, the case was...

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