Legal Opinion

Albert Young v. Otto C. Boles, Warden of the West Virginia State Penitentiary

Court of Appeals for the Fourth Circuit

Decided March 5, 1965No. 9472_1PublishedCited by 36 opinions

1Opinion of the Court

ALBERT V. BRYAN, Circuit Judge.

Relief from life imprisonment imposed by a State court in West Virginia was asked of the Federal district court by Albert Young in an application for ha-beas corpus. The sentence was passed, and was statutorily permissible, upon a conviction of armed robbery. The point of the petition is, in effect, that the indictment and the evidence charged and established no more than the offense of unarmed robbery with the statutory maximum punishment of 18 years and, therefore, the judgment for incarceration beyond that period is a deprivation of his liberty without due…

2Cases cited10 opinions

  1. Thompson v. City of LouisvilleSupreme Court of the United States · 1960
  2. Garner v. LouisianaSupreme Court of the United States · 1961
  3. Robert J. Grundler and Joseph L. Jelly v. State of North CarolinaCourt of Appeals for the Fourth Circuit · 1960
  4. Meyers v. WelchCourt of Appeals for the Fourth Circuit · 1950
  5. State Ex Rel. Vascovich v. SkeenWest Virginia Supreme Court · 1953

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3Cited by36 opinions

  1. James H. Williams v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1969
  2. Cannellas v. McKenzieWest Virginia Supreme Court · 1977
  3. Clarence Johnson v. J. D. Middlebrooks, WardenCourt of Appeals for the Fifth Circuit · 1967
  4. State v. CunninghamWest Virginia Supreme Court · 1977
  5. Young v. Warden, Maryland PenitentiaryDistrict Court, D. Maryland · 1974

31 more not listed; retrieve them via the Exa API.

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