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BECKETT v. BOLES

Civ. A. No. 1213-W.

218 F.Supp. 692 (1963)

Franklin BECKETT, Petitioner, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Respondent.

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

June 25, 1963.

Attorney(s) appearing for the Case

Wright Hugus, Jr., John D. Phillips, Jr., Wheeling, W. Va., for petitioner.

Thomas B. Yost, Asst. Atty. Gen., for respondent.

CHARLES F. PAUL, District Judge.

A writ of habeas corpus was issued, competent counsel were appointed for the petitioner, and a plenary hearing was scheduled and held June 3, 1963, because of the allegations of the petition, which may be summarized as follows:

On a breaking and entering indictment returned by the Wayne County Grand Jury November 21, 1960, the petitioner was removed from the Cabell County Jail to the Wayne County Jail on December 5, 1960. One...

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