STATE EX REL. RIFFLE v. THORN

No. 12813.

168 S.E.2d 810 (1969)

STATE ex rel. Hoyt Edward RIFFLE v. Joe Davis THORN, Successor to Frank B. King, Warden, Medium Security Prison, Huttonsville, West Virginia.

Supreme Court of Appeals of West Virginia.

Decided June 10, 1969.

Dissenting Opinion June 23, 1969.

Dissenting Opinion July 18, 1969.


Attorney(s) appearing for the Case

Rex Burford, Charleston, for relator.

Leo Catsonis, Asst. Atty. Gen., Charleston, for respondent.


BROWNING, Judge.

Petitioner, Hoyt Edward Riffle, filed his application in this Court on the 12th day of February, 1969, for a writ of habeas corpus alleging that: he was arrested at Parkersburg in Wood County in March, 1963, and charged with the offense of breaking and entering; he was indicted at the April, 1963, term of the Circuit Court of Wood County and thereafter, also in April, 1963, upon the advice of counsel he entered a plea of guilty to that charge; he...

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