HALE v. BOLES

No. 13064.

419 F.2d 389 (1969)

Donald HALE, Appellant, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

May 28, 1969.


PER CURIAM.

Petitioner appeals from an order of the District Court (Maxwell, J.) denying his motion for discharge from conviction and his petition for habeas corpus.

The District Court found that by refusing to petition for habeas corpus pursuant to the West Virginia Post Conviction Statute, West Virginia Code, 534A (Michie Supp.1968), as directed by the Circuit Court of Wyoming County, upon remand from the District Court, petitioner lost his right to federal...

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