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SHEAR v. BOLES

No. 11266.

391 F.2d 609 (1967)

Lee SHEAR, Appellant, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

October 5, 1967.

Attorney(s) appearing for the Case

Lee Shear, pro se.

C. Donald Robertson, Atty. Gen. of West Virginia, Charleston, W. Va., for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF, and BUTZNER, Circuit Judges.

MEMORANDUM DECISION

PER CURIAM.

Lee Shear, a West Virginia prisoner, appeals from an order of the District Court (Maxwell, J.) denying his petition for habeas corpus. The District Court granted Shear a certificate of probable cause to appeal.

In 1964 Shear pleaded guilty to two felony charges and was sentenced to concurrent ten-year terms. Later that year the District Court, in a habeas corpus proceeding, found these convictions invalid and ordered...

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