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McKINNEY v. BOLES

Civ. A. No. 1564-W.

254 F.Supp. 433 (1966)

Frank J. McKINNEY, Petitioner, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Respondent.

United States District Court N. D. West Virginia.

June 1, 1966.

Attorney(s) appearing for the Case

Arthur M. Recht, Wheeling, W. Va., for petitioner.

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

MEMORANDUM

MAXWELL, Chief Judge.

This is a habeas corpus petition instituted by Frank J. McKinney, an inmate of the West Virginia State Penitentiary. McKinney is currently serving a life sentence for first degree murder.

On September 12, 1958, a Wyoming County, West Virginia, jury found McKinney guilty of shooting and killing Forrest Haynes Sams, a local constable, who was carrying a warrant for McKinney's arrest. Two months later, the Circuit Court...

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