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McCRAY v. COINER

Civ. A. No. C-68-7-E.

290 F.Supp. 917 (1968)

Melvin Lon McCRAY, Petitioner, v. Ira M. COINER, Warden of the West Virginia State Penitentiary, Respondent.

United States District Court N. D. West Virginia.

October 9, 1968.

Attorney(s) appearing for the Case

L. D. Lucas, Jr., Philippi, W. Va. (appointed), for petitioner.

C. Donald Robertson, Atty. Gen., of West Virginia, Morton I. Taber, Asst. Atty. Gen., Charleston, W. Va., for respondent.

ROBERT EARL MAXWELL, Chief Judge.

Petitioner is presently incarcerated at the West Virginia State Penitentiary serving an indeterminate sentence of not less than one nor more than ten years, following his criminal conviction in Wood County, West Virginia. After having exhausted state remedies, the Petitioner files here for a writ of federal habeas corpus pursuant to Title 28, Section 2254, United States Code.

An indictment for breaking and entering was returned...

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