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McCOY v. STATE

277 A.2d 675 (1971)

Francis McCOY, Jr., Plaintiff Below, Appellant, v. STATE of Delaware, Defendant Below, Appellee.

Supreme Court of Delaware.

April 26, 1971.

Attorney(s) appearing for the Case

Michael F. Tucker, Asst. Public Defender, Wilmington, for appellant.

Richard R. Wier, State Prosecutor, Wilmington, for the State.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

WOLCOTT, Chief Justice:

This is an appeal from the dismissal of a petition for a writ of habeas corpus. We are asked to determine whether the appellant was legally recommitted to prison by the Board of Parole.

On October 8, 1951, the appellant was sentenced to 25 years for second degree murder. Subsequently, his sentence was commuted to 23 years. On July 9, 1963, he was paroled. The parole papers indicated that parole supervision would be

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