Anderson v. McClintic

Maxwell, Judge:

Relator, a convict under sentence of imprisonment for life in the West Virginia penitentiary, seeking discharge, instituted a proceeding in habeas corpus in the circuit court of Marshall County against respondent, warden of said institution. From an order of said court refusing to grant him discharge, relator was awarded writ of error by this court.

Relator’s incarceration was imposed on him by the circuit court of Preston County November 28, 1928, under what might be termed our habitual criminal statute. As it then stood (it has since been amplified, Code 1931, 61-11-19), it…