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PETTRY v. BOLES

Civ. A. No. C-67-63-E.

275 F.Supp. 744 (1967)

Gene Tunney PETTRY, Petitioner, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Respondent.

United States District Court N. D. West Virginia.

November 9, 1967.

Attorney(s) appearing for the Case

No appearance, for petitioner.

Morton I. Taber, Asst. Atty. Gen., Charleston, W.Va., for respondent.

MAXWELL, Chief Judge.

The Petitioner, Gene Tunney Pettry, is presently serving an indeterminate sentence of not less than five nor more than eighteen years imposed following his conviction of second degree murder in the Circuit Court of Roane County in 1965. After exhausting the available State remedies, he applied to this Court for federal habeas corpus relief. In his petition he alleges that he was prevented from appealing his conviction before the Circuit Court...

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