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DAVIS v. BOLES

Civ. A. No. 432-E.

247 F.Supp. 751 (1965)

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

United States District Court N. D. West Virginia.

November 18, 1965.

Attorney(s) appearing for the Case

Milford L. Gibson, Elkins, W. Va., for petitioner.

George H. Mitchell, Asst. Atty. Gen. of West Virginia, Charleston, W. Va., for respondent.

MAXWELL, Chief Judge.

Jimmy Davis, a convict held at the West Virginia Penitentiary at Moundsville, West Virginia, has petitioned this Court in forma pauperis for a writ of habeas corpus. After answer by the State, the Court held a plenary hearing on October 13, 1965. Davis, who was represented by Court appointed counsel, testified that he was convicted of armed robbery on September 26, 1963, and sentenced to twenty years in the State Penitentiary, on October 4, 1963...

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