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UNITED STATES v. COINER

No. 788-W.

150 F.Supp. 511 (1957)

UNITED STATES of America ex rel. John H. PREECE, Petitioner, v. Ira M. COINER, Warden, West Virginia State Penitentiary, Respondent.

United States District Court N. D. West Virginia, Wheeling Division.

April 25, 1957.

Attorney(s) appearing for the Case

John L. Ruckman, Wheeling, W. Va., for petitioner, at the request of the Court.

W. W. Barron, Atty. Gen., W. Bernard Smith, Asst. Atty. Gen., for respondent.

BOREMAN, District Judge.

Petitioner was indicted by the grand jury of Cabell County, West Virginia, for the crime of incest. He was subsequently tried and convicted in the Common Pleas Court of Cabell County and, on November 28, 1955, was sentenced to a term of five to ten years' imprisonment in the West Virginia State Penitentiary, at Moundsville, West Virginia, where he is presently confined.

Petitioner now seeks a writ of habeas corpus ad subjiciendum on...

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