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ROLLINS v. BOLES

Civ. A. No. 1282-W.

228 F.Supp. 6 (1964)

Jimmy ROLLINS, Petitioner, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Respondent.

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

April 9, 1964.

Attorney(s) appearing for the Case

George N. Caravasios, Wheeling, W. Va., for petitioner.

George H. Mitchell, Asst. Atty. Gen., for respondent.

PAUL, Chief Judge.

At the pre-trial conference held herein March 23, 1964, the issues were defined as set forth in the following excerpt from the Pre-trial Conference Order:

"It was agreed that the following are the issues of ultimate fact to be presented and submitted at the hearing: "(1) Was the testimony of Billy Gene Cobb, introduced at the trial in the Circuit Court of Upshur County, West Virginia, perjured? "(2) Did the prosecuting...

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