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JONES v. WARDEN, W. V. PENITENTIARY

No. 14010.

241 S.E.2d 914 (1978)

Roger JONES v. WARDEN, WEST VIRGINIA PENITENTIARY.

Supreme Court of Appeals of West Virginia.

Concurring Opinions February 2, 1978.

Concurring Opinions February 24, 1978.

Attorney(s) appearing for the Case

Hostler & Shinaberry, Sterl F. Shinaberry, Charleston, for relator.

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

HARSHBARGER, Justice.

Relator, Roger Jones, seeks a writ of habeas corpus ad subjiciendum saying his conviction on November 29, 1972 for first degree murder, in the Circuit Court of McDowell County, is void as a result of this Court's ruling in State v. Pendry, W.Va., 227 S.E.2d 210 (1976), and the United States Supreme Court's ruling in Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881...

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