ARTHUR v. McKENZIE

No. 13858.

245 S.E.2d 852 (1978)

Sherman P. ARTHUR, Jr. v. Arthur L. McKENZIE, Acting Warden, West Virginia State Penitentiary.

Supreme Court of Appeals of West Virginia.

July 11, 1978.


Attorney(s) appearing for the Case

H. R. Athey (Deceased), Howard P. Shores, Keyser, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Paul T. Farrell, Asst. Atty. Gen., Charleston, for defendant in error.


HARSHBARGER, Justice:

Sherman Arthur was found guilty of first degree murder by a Mineral County jury which did not recommend mercy, and on July 9, 1973 was sentenced to be imprisoned for life. His petition for appeal was not granted here, but his petition for habeas corpus, raising for the first time the issues we decide, was granted returnable to the trial court. After a hearing upon the habeas corpus petition the trial...

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