STATE EX REL. GONZALES v. WILT

No. 14365.

256 S.E.2d 15 (1979)

STATE of West Virginia ex rel. Benito GONZALES v. Howard W. WILT, Sheriff, etc., et al.

Supreme Court of Appeals of West Virginia.

June 26, 1979.


Attorney(s) appearing for the Case

Steven M. Askin, Radosh & Askin, Martinsburg, for Wilt, et al.

Chauncey H. Browning, Atty. Gen., and Pamela Dawn Tarr, Asst. Atty. Gen., Charleston, for State.


CAPLAN, Chief Justice:

This is an appeal from a judgment of the Circuit Court of Jefferson County in a habeas corpus proceeding instituted in that court by the appellant, Benito Gonzales. That proceeding was instituted to test the legality of his arrest under the Governor's rendition warrant and, upon the relator's motion, was continued to September 22, 1978. After a hearing on that date, during which the only testimony was that of the petitioner, the court denied...

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