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SHEAR v. BOLES

Civ. A. No. 570-E.

263 F.Supp. 855 (1967)

Lee SHEAR, Petitioner, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Respondent.

United States District Court N. D. West Virginia.

February 3, 1967.

Attorney(s) appearing for the Case

No appearance for petitioner.

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

MAXWELL, Chief Judge.

This memorandum concerns a habeas corpus petition instituted by Lee Shear, an inmate of the West Virginia Penitentiary. The circumstances leading to Shear's present incarceration are as follows.

On February 10, 1964, the Ohio County Grand Jury returned two indictments against Shear. Felony indictment 214 appears to relate to an attempted armed robbery of one George Carter during January, 1964. Felony indictment 215 similarly appears to...

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