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STATE EX REL. MILLER v. BORDENKIRCHER

No. 14970.

272 S.E.2d 676 (1980)

STATE ex rel. Earl T. MILLER v. Donald BORDENKIRCHER, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

December 16, 1980.

Attorney(s) appearing for the Case

Riley, Yahn & Cooey and Arch W. Riley, Wheeling, for relator.

Chauncey H. Browning, Atty. Gen., Silas B. Taylor, Asst. Atty. Gen., Charleston, for respondent.

PER CURIAM:

This is an original habeas corpus proceeding to contest the validity of petitioner's confinement in the state penitentiary at Moundsville. We issued the writ on September 9, 1980, returnable to this Court on October 21, 1980.

Petitioner, Earl T. Miller, was indicted on October 17, 1974, on a charge of forcible rape in violation of W.Va.Code, 61-2-15. He was convicted by a jury on March 28, 1975...

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