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PYLES v. BOLES

Civ. A. No. 1581-W.

250 F.Supp. 285 (1966)

Marion PYLES, 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

John D. Phillips, Jr., Arthur M. Recht, Wheeling, W. Va., for petitioner.

C. Donald Robertson, Atty. Gen. of West Virginia, Charleston, W. Va., for respondent.

MAXWELL, Chief Judge.

Marion T. Pyles is now in the custody of the Respondent, serving a sixty year sentence for kidnapping, imposed on June 5, 1961, by the Circuit Court of Monongalia County, West Virginia.

On November 5, 1965, Pyles petitioned this Court for Federal habeas corpus, basing his claim on four factual allegations. The petition was ordered dismissed on January 12, 1966, for the reasons stated in a written memorandum filed in the case of Miller...

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