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ADKINS v. BORDENKIRCHER

Nos. 81-6811, 81-6812.

674 F.2d 279 (1982)

Jinks ADKINS, Jr., Appellant, v. Donald BORDENKIRCHER, Superintendent, West Virginia State Penitentiary, Appellee. Jinks ADKINS, Jr., Appellee, v. Donald BORDENKIRCHER, Superintendent, West Virginia State Penitentiary, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 24, 1982.

Attorney(s) appearing for the Case

Andrew S. Zettle, Huntington, W. Va. (Huddleston, Bolen, Beatty, Porter & Copen, Huntington, W. Va., on brief), for appellant.

S. Clark Woodroe, Asst. Atty. Gen., Charleston, W. Va. (Chauncey H. Browning, Atty. Gen., Richard S. Glaser, Jr., Asst. Atty. Gen., Charleston, W. Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and RUSSELL and SPROUSE, Circuit Judges.

ALBERT V. BRYAN, Senior Circuit Judge:

These cross-appeals result from the grant in part of Jinks Adkins, Jr.'s petition for a writ of habeas corpus. No error appearing in any of the rulings of the District Court, 517 F.Supp. 390, we affirm.

I. THE FACTS

Adkins and one Denny Lee Smith were first indicted September 9, 1975, by a Logan County, West Virginia, grand jury for breaking and entering a store and stealing...

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