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CORNER v. GRIFFITH

No. 13911.

238 S.E.2d 529 (1977)

James CONNER v. Harry GRIFFITH, Warden, Huttonsville Correctional Center.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion November 1, 1977.

Attorney(s) appearing for the Case

James M. Haviland, Charleston, for relator.

Chauncey H. Browning, Jr., Atty. Gen., William D. Highland, Asst. Atty. Gen., Charleston, for respondent.

MILLER, Justice:

In this habeas corpus case we are asked to consider the constitutionality of that portion of W.Va.Code, 62-12-19, which permits the Board of Probation and Parole to reimprison a parole violator without crediting the time served on parole against the original sentence.1

In 1973, petitioner was convicted of grand larceny and sentenced to the Huttonsville Correctional Center...

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