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STATE v. BOLES

No. 12535.

146 S.E.2d 524 (1966)

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

Supreme Court of Appeals of West Virginia.

Decided February 1, 1966.

Attorney(s) appearing for the Case

Frank Thomas Graff, Jr., Charleston, for relator.

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

CAPLAN, President:

In this original habeas corpus proceeding instituted in this Court the petitioner, James Stanley Wright, who is presently confined in the penitentiary of this State by virtue of a sentence of life imprisonment as a recidivist imposed by the Circuit Court of Mason County, West Virginia, by its final judgment rendered May 13, 1950, seeks to prevent the enforcement of said life sentence. He further alleges that since he has served the minimum sentence...

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