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SMOOT v. McKENZIE

No. 14294.

277 S.E.2d 624 (1981)

Billy Alfred SMOOT v. Arthur L. McKENZIE, Warden, West Virginia Penitentiary, etc.

Supreme Court of Appeals of West Virginia.

May 5, 1981.

Attorney(s) appearing for the Case

Weaver, Hayes & Moredock, W. C. Weaver and Charles M. Moredock, Charleston, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Charleston, S. Clark Woodroe, Asst. Atty. Gen., Charleston, for defendant in error.

PER CURIAM:

By order entered November 29, 1977, the Circuit Court of Kanawha County denied Billy Alfred Smoot's petition for habeas corpus relief. Mr. Smoot had alleged that a forty-year sentence for armed robbery imposed upon him by the Circuit Court of Kanawha County was unconstitutionally disproportionate to the sentences imposed upon his co-defendants. In this appeal he contends that the circuit court erred in rejecting his assertion. We conclude that the record...

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