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GRIFFIN v. WARDEN, WEST VIRGINIA STATE PENITENTIARY

No. 75-1061.

517 F.2d 756 (1975)

William GRIFFIN, Petitioner, v. WARDEN, WEST VIRGINIA STATE PENITENTIARY, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided June 9, 1975.

Attorney(s) appearing for the Case

Ralph S. Spritzer, Philadelphia, Pa. [court-appointed counsel], for appellant.

E. Leslie Hoffman, III, Asst. Atty. Gen. of W. Va. (Chauncey H. Browning, Jr., Atty. Gen. of W. Va., and Richard E. Hardison, Deputy Atty. Gen. of W. Va., on brief), for appellee.

Before HAYNSWORTH, Chief Circuit Judge, CRAVEN and ANDERSON, Circuit Judges.

CRAVEN, Circuit Judge:

This is an appeal by John William Griffin from the denial of habeas relief by the district court. The petitioner was convicted of grand larceny on December 9, 1970. Pursuant to West Virginia's Habitual Offender Act, an information was filed charging that Griffin had been twice before convicted of crime punishable by imprisonment in a penitentiary. Upon such proof the West Virginia court has a mandatory duty to sentence such a person to life...

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