KOSUT v. LEVERETTE

No. 14034.

242 S.E.2d 247 (1978)

Thomas KOSUT v. Bobby LEVERETTE, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

March 14, 1978.


Attorney(s) appearing for the Case

Frankovitch & Anetakis, Carl N. Frankovich, Weirton, for relator.

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


PER CURIAM:

In this original proceeding in habeas corpus, relator, Thomas Kosut, seeks a writ from this Court discharging him from custody. Relator is currently serving a life sentence pursuant to his conviction of first degree murder in the Circuit Court of Hancock County on February 25, 1971. At relator's trial instructions of the type subsequently condemned in the case of State v. Pendry, W.Va.,

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