State Ex Rel. Browning v. Boles

Haymonb, Judge:

In this original habeas corpus proceeding instituted in this Court the petitoner, John Paul Browning, seeks a writ to require the defendant, Otto C. Boles, Warden of the West Virginia Penitentiary, to discharge him from his present custody in that institution under a sentence of confinement for an indeterminate period of one year to ten years, entered by the Circuit Court of Logan County on June 28, 1962.

Upon the petition this Court issued a writ of habeas corpus returnable before this Court on September 17, 1963. At that time the defendant, appearing by an assistant attorney…