HALE v. BOLES

No. C-67-106-E.

291 F.Supp. 317 (1968)

Donald HALE, Petitioner, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Respondent.

United States District Court N. D. West Virginia.

September 30, 1968.


Attorney(s) appearing for the Case

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


MAXWELL, Chief Judge.

Petitioner, incarcerated in the West Virginia State Penitentiary pursuant to a judgment of conviction upon a jury verdict of second degree murder, petitions this Court for federal habeas corpus relief, Title 28, Section 2254, United States Code.

In his application Petitioner contends that he was denied an appeal because of his counsel's failure to comply with the statutory provisions pertaining to filing notice of an appeal.

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