JOHNSON v. McKENZIE

No. 13887.

235 S.E.2d 138 (1977)

Monteville JOHNSON v. Arthur L. McKENZIE, Warden, West Virginia Penitentiary.

Supreme Court of West Virginia.

June 7, 1977.


Attorney(s) appearing for the Case

Forrest Roles, Charleston, (Court-appointed), for relator.

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


CAPLAN, Chief Justice:

This is an original proceeding in habeas corpus wherein the petitioner alleges that he was denied due process of law in violation of the state and federal constitutions.

On March 26, 1973, following a trial in the Circuit Court of Wayne County wherein the jury found the petitioner guilty of murder of the second degree, the court sentenced said petitioner to a term of five to eighteen years in the state penitentiary. The petitioner was...

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