STATE v. BOLES

No. 12522.

147 S.E.2d 486 (1966)

STATE ex rel. James SCOTT v. Otto C. BOLES, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided February 15, 1966.

Concurring Opinions March 7, 1966.

Concurring Opinions March 29, 1966.


Attorney(s) appearing for the Case

John F. Wood, Jr., Huntington, for relator.

C. Donald Robertson, Atty. Gen., Thomas P. O'Brien, Jr., Asst. Atty. Gen., Charleston, for respondent.


BERRY, Judge:

This proceeding involves a petition for a writ of habeas corpus filed by James Scott, an inmate of the West Virginia State Penitentiary, invoking the original jurisdiction of this Court, in which he alleges that he was not afforded the assistance of counsel in a previous conviction in Lucas County, Ohio, and was not duly cautioned as required by the recidivist statute of this State before an additional sentence...

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