SHEFTIC v. BOLES

Civ. A. No. 571-E.

295 F.Supp. 1347 (1969)

Stanley SHEFTIC, Petitioner, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Respondent.

United States District Court N. D. West Virginia.

February 13, 1969.


Attorney(s) appearing for the Case

Jack R. Nuzum, Henry Higginbotham, Elkins, W. Va. (both court-appointed), for petitioner.

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


MAXWELL, Chief Judge.

On October 8, 1941, the Petitioner was convicted of breaking and entering and was given the statutory, indeterminate sentence of not less than one nor more than ten years.

On October 29, 1942, being a date over one year later, the Warden of the West Virginia Penitentiary, in whose custody Petitioner had been placed, filed an information before the Circuit Court of Marshall County...

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