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STATE v. BOLES

No. 12561.

148 S.E.2d 169 (1966)

STATE ex rel. Larry R. HARDING v. Otto C. BOLES, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided May 17, 1966.

Attorney(s) appearing for the Case

Jack R. Nuzum, Elkins, for relator.

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

HAYMOND, Judge:

The petitioner, Larry R. Harding, seeks a writ in this original habeas corpus proceeding to compel the defendant, Otto C. Boles, Warden of the West Virginia Penitentiary, to release him from the penitentiary of this State where he is presently confined under a judgment of the Circuit Court of Taylor County rendered October 15, 1964, for a term of not less than one year nor more than ten years upon his conviction in that court of the felonious offense...

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