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GIVEN v. BOLES

No. 1451-W.

249 F.Supp. 886 (1966)

Lindy GIVEN, Petitioner, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Respondent.

United States District Court N. D. West Virginia.

February 11, 1966.

Attorney(s) appearing for the Case

Thomas A. Goodwin, Wheeling, W. Va., for petitioner.

C. Donald Robertson, Atty. Gen. of West Virginia, George H. Mitchell, Asst. Atty. Gen. of West Virginia, Charleston, for respondent.

MAXWELL, Chief Judge.

Lindy Given, an inmate of the West Virginia Penitentiary, is presently in the custody of Respondent, serving an indeterminate sentence of not less than five, nor more than eighteen years, imposed by the Criminal Court of Raleigh County, West Virginia, on November 12, 1958. The Petitioner was convicted by a jury of second degree murder several weeks prior to his sentencing date. After having unsuccessfully petitioned the West Virginia Supreme...

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