State ex rel. Beckett v. Boles

Haymond, President:

This is an original habeas corpus proceeding instituted in this Court in June 1964. The petitioner, Franklin H. *114Beckett, who is presently confined in the penitentiary of this State by virtue of a sentence of life imprisonment as a habitual criminal imposed by the Circuit Court of Wayne County, West Virginia, by its final judgment rendered December 5, 1960, seeks a writ to require the defendant, Otto C. Boles, Warden of the West Virginia Penitentiary, to release him from such confinement.

On June 16, 1964, this Court awarded a writ returnable September 2, 1964, at which time,…