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STATE EX REL. HUTZLER v. DOSTERT

No. 13930.

236 S.E.2d 336 (1977)

STATE ex rel. Ward C. HUTZLER v. Pierre E. DOSTERT and Vance E. Sencindiver, Judges, etc., et al.

Supreme Court of Appeals of West Virginia.

Concurring opinion July 19, 1977.

Attorney(s) appearing for the Case

Radosh & Askin, Steven M. Askin, Martinsburg, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Fredric J. George, Deputy Atty. Gen., Charleston, for respondents.

McGRAW, Justice:

Ward E. Hutzler, a prisoner in the Berkeley County jail serving a sentence of one year on an assault and battery conviction, has petitioned the Court for a writ of habeas corpus to effect a reduction of his appeal bond penalty from the sum of $25,000, as fixed by the Circuit Court of Berkeley County, to not more than $10,000, a sum within his financial reach. The indictment on which he was convicted charged felonious assault on his brother-in-law...

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