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GRADES v. BOLES

No. 11346.

398 F.2d 409 (1968)

Albert W. GRADES, Appellant, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 8, 1968.

Attorney(s) appearing for the Case

Graham C. Lilly, Charlottesville, Va., (Court-assigned counsel), for appellant.

Leo Catsonis, Asst. Atty. Gen. of West Virginia (C. Donald Robertson, Atty. Gen. of West Virginia, and Morton I. Taber, Asst. Atty. Gen. of West Virginia, on brief), for appellee.

Before SOBELOFF, BOREMAN and WINTER, Circuit Judges.

SOBELOFF, Circuit Judge:

Albert Grades, currently serving a 99-year sentence in West Virginia for attempted armed robbery, seeks a writ of habeas corpus1 on the ground that a written confession admitted against him at his trial was unconstitutionally induced. Finding the confession "voluntary," the District Court denied the petition. We reverse, holding as a matter of law that statements made to the petitioner by the prosecuting attorney...

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