State Ex Rel. Hill v. Boles

Calhoun, Judge:

In this original proceeding in habeas corpus, the relator, Harry W. Hill, alleges in his petition, as amended by permission of the Court, that, on February 20, 1952, he entered his plea of guilty to an indictment pending in the Intermediate Court of Kanawha County, charging an offense of attempted rape, which, under Code, 1931, 61-11-8, entails a sentence of not less than one nor more than five years; that an information was thereupon filed pursuant to the habitual criminal or recidivist statute of this state, charging that the prisoner had been previously convicted of two…