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SHEFTIC v. BOLES

Nos. 10493, 10515.

377 F.2d 423 (1967)

Stanley SHEFTIC, Appellant, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellee. John Howard RUNYON, Jr., Appellant, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 4, 1967.

Attorney(s) appearing for the Case

John D. Phillips, Jr., and Arthur M. Recht, Wheeling, W. Va. (Court-assigned counsel), for appellants.

George H. Mitchell, Asst. Atty. Gen. of West Virginia (C. Donald Robertson, Atty. Gen. of West Virginia, on brief), for appellee.

Before BOREMAN and BRYAN, Circuit Judges, and LEWIS, District Judge.

BOREMAN, Circuit Judge:

These are appeals from orders of the United States District Court for the Northern District of West Virginia denying habeas corpus relief to prisoners in custody of the State of West Virginia. Since the same legal issue is present in both cases we consider them together.

Petitioner, Runyon, was indicted on July 3, 1961, in the Circuit Court of Wayne County, West Virginia, for breaking and entering. Counsel was appointed to represent...

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