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MOORE v. McKENZIE

No. 13889.

236 S.E.2d 342 (1977)

Charles E. MOORE v. Arthur L. McKENZIE, Warden, West Virginia State Penitentiary.

Supreme Court of Appeals of West Virginia.

July 5, 1977.

Attorney(s) appearing for the Case

Monty L. Preiser, Charleston, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Betty L. Caplan, Asst. Atty. Gen., Charleston, for respondent.

HARSHBARGER, Justice:

This post-conviction habeas corpus proceeding authorized by W.Va.Code, 53-4A-1, was brought by Charles E. Moore who, when 55 years old was indicted for raping a female child then less than ten years old. Moore pled guilty to attempting rape and was sentenced per W.Va.Code, 61-11-8, to prison for the one-to-five year term prescribed.

The statute in effect at the time the alleged rape...

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