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KINDER v. BOLES

Civ. A. No. 1516-W.

253 F.Supp. 817 (1966)

Roy E. KINDER, Petitioner, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Respondent.

United States District Court N. D. West Virginia.

April 21, 1966.

Attorney(s) appearing for the Case

Richard H. Talbott, Jr., Elkins, W. Va., for petitioner.

C. Donald Robertson, Atty. Gen., Leo Catsonis, Asst. Atty. Gen., Charleston, W. Va., for respondent.

MAXWELL, Chief Judge.

This is a habeas corpus proceeding, brought by Roy E. Kinder, an inmate of the West Virginia State Penitentiary. Kinder is serving a life sentence for two acts of first degree murder, imposed on January 19, 1960, by the Intermediate Court of Kanawha County, West Virginia. Several months earlier, a Kanawha County jury had found Kinder guilty of these charges and had recommended mercy.

Kinder is a man with a sixth grade education, who was...

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