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LYCANS v. BORDENKIRCHER

No. 13552.

222 S.E.2d 14 (1975)

Carl Eugene LYCANS v. Donald E. BORDENKIRCHER, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

November 18, 1975.

Attorney(s) appearing for the Case

Hostler, Logsdon & Shinaberry, Sterl F. Shinaberry, Charleston, for appellant.

Chauncey H. Browning, Jr., Atty. Gen., Richard E. Hardison, Deputy Atty. Gen., Charleston, for appellee.

CAPLAN, Justice:

This is an appeal from a final order of the Circuit Court of Kanawha County entered in a habeas corpus proceeding instituted in that court. Therein, the petitioner, Carl Eugene Lycans, the appellant here, sought a discharge from confinement upon sentence imposed on July 23, 1970 by the Intermediate Court of Kanawha County after his plea of guilty to the offense of "unarmed" robbery. Thereupon, the appellant was sentenced to a term of five to eighteen...

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