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STATE EX REL. ANDERSON v. LEVERETTE

Nos. CC903, CC904.

253 S.E.2d 543 (1979)

STATE ex rel. Charles ANDERSON v. Bobby J. LEVERETTE, Supt., West Virginia Penitentiary. STATE ex rel. Dempsey Wallace HALLER v. Bobby J. LEVERETTE, Supt., West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

April 10, 1979.

Attorney(s) appearing for the Case

Wallace, Ross & Gibson, Thomas R. Ross, II, Elkins, for plaintiff Charles Anderson.

Harry A. Smith, III, Elkins, for plaintiff Dempsey Wallace Haller.

James F. Cain, Prosecuting Atty., Randolph County, Elkins, for defendant.

HARSHBARGER, Justice:

These cases are here upon this certified question:

Do the provisions of West Virginia Code, Chapter 62, Article 8, Section 2, and West Virginia Code, Chapter 61, Article 11, Section 16 (as amended), reading the same in pari materia, require a trial judge to sentence a convicted escapee from the West Virginia Penal System to confinement in such penal system for a definite term, rather than an indefinite or general term? ...

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