SPENCER v. WHYTE

No. 15196.

280 S.E.2d 591 (1981)

Ricky Lynn SPENCER v. William WHYTE, Supt., HCC.

Supreme Court of Appeals of West Virginia.

July 17, 1981.


Attorney(s) appearing for the Case

Stanton & Stanton and Shirley Stanton, Fairmont, for petitioner.

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


MILLER, Justice:

In this original habeas corpus proceeding, we are asked to determine if our probation statute, W.Va.Code, 62-12-2, can be construed to empower a circuit judge to order a period of incarceration as a condition of probation. We conclude that it cannot.

In June of 1979 the petitioner was indicted for robbery by violence and in a separate two count indictment for conspiracy to commit robbery on two individuals, one of whom was the subject of the...

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