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CANNELLAS v. McKENZIE

No. 13888.

236 S.E.2d 327 (1977)

Joe CANNELLAS v. Arthur L. McKENZIE, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 15, 1977.

Attorney(s) appearing for the Case

Joseph S. Beeson, Love, Wise, Robinson & Woodroe, Charleston, for relator.

Chauncey H. Browning, Jr., Atty. Gen., John MacCorkle, Asst. Atty. Gen., Charleston, for respondent.

NEELY, Justice:

The petitioner, Joe Cannellas, was tried by a McDowell County jury upon an indictment for forcible rape of a sixteen year old girl. The jury returned a verdict of guilty with a recommendation of mercy, and on December 19, 1975, the petitioner was sentenced by the Circuit Court of McDowell County to a term of from ten to twenty years in the West Virginia Penitentiary. Petitioner then filed a petition for a writ of error in this Court, and on September...

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