STATE EX REL. BENNETT v. WHYTE

No. 14539.

258 S.E.2d 123 (1979)

STATE ex rel. Allen C. BENNETT v. William H. WHYTE, Superintendent, Huttonsville Correctional Center.

Supreme Court of Appeals of West Virginia.

September 18, 1979.


Attorney(s) appearing for the Case

Radosh & Askin and Steven M. Askin, Martinsburg, for relator.

Chauncey H. Browning, Atty. Gen., David P. Cleek, Asst. Atty. Gen., Charleston, for respondent.


MILLER, Justice:

In this original writ of habeas corpus, relator, Allen C. Bennett, challenges two post-conviction orders of the Circuit Court of Jefferson County. The effect of the two orders was to deny a stay or postponement of the execution of relator's criminal sentence and to refuse to reduce the $50,000 bail set by the court. At issue is (1) whether W.Va.Code, 62-7-1, in providing for postponement of execution of sentence to allow for preparation of appeal...

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