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STATE v. BOLES

No. 12687.

159 S.E.2d 36 (1967)

STATE ex rel. Patrick L. MULDREW, Jr. v. Otto C. BOLES, Warden, etc.

Supreme Court of Appeals of West Virginia.

Decided December 12, 1967.

Concurring Opinion January 23, 1968.

Attorney(s) appearing for the Case

Bachmann, Hess, Bachmann & Garden, Gilbert S. Bachmann, Wheeling, for relator.

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

CALHOUN, President.

In this original habeas corpus proceeding, Patrick L. Muldrew, Jr., who may be referred to hereafter in this opinion as the relator or as the prisoner, seeks to be discharged from the state penitentiary where he is serving a sentence of life imprisonment imposed on February 1, 1965, by the Intermediate Court of Ohio County, pursuant to the habitual criminal statutes of this state, following a conviction...

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