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CLONCH v. BOLES

Civ. A. No. C-67-56-E.

287 F.Supp. 367 (1968)

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

United States District Court N. D. West Virginia.

July 22, 1968.

Attorney(s) appearing for the Case

J. Fred Queen, Elkins, W. Va., for petitioner.

C. Donald Robertson, Atty. Gen. of West Virginia, Morton I. Taber, Asst. Atty. Gen., Charleston, W. Va., for respondent.

MAXWELL, Chief Judge.

Petitioner, who is presently incarcerated in the West Virginia State Penitentiary, is serving the life sentence ordered by the Common Pleas Court of Cabell County on August 27, 1937. The sentence was imposed after Petitioner entered a plea of guilty on June 14, 1937, to the indictment charge of rape.

Pursuant to Title 28, § 2254, United States Code, Petitioner applied for a writ of federal habeas corpus in this court to challenge...

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