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WOODRING v. WHYTE

Nos. 14038, 14046-14048, 14057, 14058 and 14078.

242 S.E.2d 238 (1978)

Cecil V. WOODRING v. William WHYTE, Superintendent, Huttonsville Correctional Center. Lewis Dale METZ v. William WHYTE, Superintendent, Huttonsville Correctional Center. STATE of West Virginia ex rel. Gerry Lee HITT v. William WHYTE, Superintendent, Huttonsville Correctional Center. John CASTO v. William WHYTE, Superintendent, Huttonsville Correctional Center. Joe D. BALL v. William WHYTE, Superintendent, Huttonsville Correctional Center. Jack Edward HARPER v. William WHYTE, Superintendent, Huttonsville Correctional Center. Robert L. RINEHART, Jr. v. William WHYTE, Superintendent, Huttonsville Correctional Center.

Supreme Court of Appeals of West Virginia.

February 28, 1978.

Attorney(s) appearing for the Case

James Kauffelt, Charleston, for relators.

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

MILLER, Justice:

Seven inmates of the Huttonsville Correctional Center filed original proceedings in habeas corpus which we have consolidated, since they contain the same issues. The central question is the construction of W.Va.Code, 28-5-28 (1977),1 relating to partial commutation of a sentence for good behavior. Briefly, under this particular section, which became effective on July 1, 1977...

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