CLAYTON v. HAYNES

No. 74-2175.

517 F.2d 577 (1975)

Harry Lee CLAYTON, Appellee, v. Lloyd E. HAYNES, Warden of the Huttonsville Correctional Center, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 9, 1975.


Attorney(s) appearing for the Case

David P. Cleek, Asst. Atty. Gen. of West Virginia (Chauncey H. Browning, Jr., Atty. Gen., Richard E. Hardison, Deputy Atty. Gen. of West Virginia, on brief), for appellant.

Thomas M. Chattin, Charleston, W.Va., for appellee.

Before BRYAN, Senior Circuit Judge, FIELD, Circuit Judge, and HALL, District Judge.


FIELD, Circuit Judge:

Harry Lee Clayton is presently confined in the West Virginia State Penitentiary under a ten year sentence imposed by the Circuit Court of Wood County on December 31, 1971, after he was found guilty of armed robbery by a jury. Clayton filed a petition for a writ of habeas corpus in the district court and after a plenary hearing the court granted the writ and the State has appealed.

While the petition...

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