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RINEHART v. BOLES

Civ. A. No. C-68-5-C.

286 F.Supp. 562 (1968)

Charles Franklin RINEHART, Petitioner, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Respondent.

United States District Court N. D. West Virginia.

July 9, 1968.

Attorney(s) appearing for the Case

Jack R. Nuzum, Elkins, W. Va., for petitioner.

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

MAXWELL, Chief Judge.

While serving an indeterminate sentence of not less than one nor more than ten years in the West Virginia State Penitentiary, imposed upon his earlier entered plea of guilty to forgery, Petitioner sought a federal writ of habeas corpus, pursuant to Title 28, § 2254, United States Code. This Court dismissed the petition on January 12, 1966, and Petitioner appealed. The Court of Appeals for the...

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