VARNEY v. SUPERINTENDENT, W. VA. PENITENTIARY

No. 14682.

264 S.E.2d 472 (1980)

Willie VARNEY, Jr. v. SUPERINTENDENT, WEST VIRGINIA PENITENTIARY.

Supreme Court of Appeals of West Virginia.

April 4, 1980.


Attorney(s) appearing for the Case

Eunice L. Green, Dunbar, for petitioner.

Chauncey H. Browning, Jr., Atty. Gen., Gray Silver, III, Asst. Atty. Gen., Charleston, for respondent.


CAPLAN, Justice:

In this original proceeding in habeas corpus the petitioner, an indigent, alleging that the trial court failed to provide him a transcript of his trial which he needed for the prosecution of an appeal, seeks an unconditional release from imprisonment. In the circumstances hereinafter described the relief sought is denied.

In 1973 two separate indictments were returned against the petitioner, Willie Varney, Jr., each charging him with the offense...

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