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WANSTREET v. BORDENKIRCHER

No. 14968.

276 S.E.2d 205 (1981)

George WANSTREET, v. Donald E. BORDENKIRCHER, Superintendent West Virginia Penitentiary, Respondent.

Supreme Court of Appeals of West Virginia.

March 10, 1981.

Attorney(s) appearing for the Case

Hugh Rogers, Jr., Kerens, for petitioner.

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

MILLER, Justice:

In this original habeas corpus proceeding, we are asked to find that the recidivist life sentence imposed after a third felony conviction violates the proportionality clause in Article III, Section 5 of the West Virginia Constitution.1

Relator Wanstreet was indicted in Doddridge County in 1951 for forging a check in the amount of $18.62. At the time he was indicted,...

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