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STATE EX REL. K. W. v. WERNER

Nos. 14002, 14003, 14051 and 14052.

242 S.E.2d 907 (1978)

STATE of West Virginia ex rel. K. W. and C. W. v. Stewart WERNER, Commissioner of Corrections, etc., et al.

Supreme Court of Appeals of West Virginia.

Concurring Opinion April 3, 1978.

Attorney(s) appearing for the Case

Charles R. Garten, Jr., Charleston, Kathleen Strasbaugh, Hamlin, for relators K. W. and C. W.

Richard E. Hardison, Deputy Atty. Gen., Pamela Dawn Tarr, Asst. Atty. Gen., Charleston, for respondents.

HARSHBARGER, Justice:

These petitions ask us to decide whether incarceration of male juvenile criminal offenders in the West Virginia Industrial School for Boys (known as "Pruntytown") violates their rights afforded by the federal constitution's Eighth and Fourteenth Amendments and by Article 3, Sections 5 and 10 of the West Virginia Constitution.1 No issue is presented about adjudicatory processes by which petitioners were committed to...

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