STATE EX REL. CLEVENGER v. COINER

No. 13184.

188 S.E.2d 773 (1972)

STATE ex rel. Robert Lee CLEVENGER v. Ira M. COINER, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Decided May 16, 1972.


Attorney(s) appearing for the Case

William M. Kidd, Sutton, for relator.

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


BERRY, Judge:

This is an original habeas corpus proceeding instituted in this Court on December 13, 1971 by Robert Lee Clevenger, an inmate of the West Virginia State Penitentiary. He alleges in his petition that after his conviction in the Circuit Court of Gilmer County for incest the court reporter failed to provide him with a transcript of the record within eight months of the final judgment as required by Code, 58-5-4, as amended, and, therefore, he was unable...

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