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STATE EX REL. KOTON v. COINER

No. 13159.

187 S.E.2d 209 (1972)

STATE ex rel. John E. KOTON, Jr. v. Ira M. COINER, Warden, W. Va. Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided February 29, 1972.

Attorney(s) appearing for the Case

Edwin C. Runner, Kingwood, for relator (Appointed by the Court).

Chauncey H. Browning, Jr., Atty. Gen., Willard A. Sullivan, Richard E. Hardison, Asst. Attys. Gen., Charleston, for respondent.

CARRIGAN, Judge:

This is an original habeas corpus proceeding instituted in this Court on December 3, 1971, in which the petitioner, John E. Koton, Jr., seeks a writ to compel the respondent, Ira M. Coiner, Warden of the West Virginia State Penitentiary, to release him from confinement under a sentence of one to ten years, imposed by the Circuit Court of Preston County, Kingwood, West Virginia, on April 1, 1971, following a jury trial, and his conviction on March...

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