DOBBS v. WALLACE


201 S.E.2d 914 (1974)

Joseph Timothy DOBBS v. William O. WALLACE, Acting Warden West Virginia Penitentiary. Mike E. PRESTON v. WARDEN, WEST VIRGINIA PENITENTIARY.

Supreme Court of Appeals of West Virginia.

Decided January 15, 1974.

Dissenting Opinion January 23, 1974.


Attorney(s) appearing for the Case

DiTrapano, Mitchell, Lawson & Field, W. C. Field, Charleston, for relators.

Chauncey H. Browning, Jr., Atty. Gen., Richard E. Hardison, Deputy Atty. Gen., David P. Cleek, Asst. Atty. Gen., Charleston, for respondent.


CAPLAN, Chief Justice:

Invoking the original jurisdiction of this Court, the petitioners, Mike E. Preston and Joseph Timothy Dobbs, in separate petitions, each seek a writ of habeas corpus contending that he is being illegally detained by the warden of the state penitentiary in violation of his constitutional rights. Since each petition presents identical issues, both will be considered and disposed of in this opinion.

Writs were issued by this Court in each...

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