Charley Spry v. Otto C. Boles, Warden, West Virginia State Penitentiary

On May 26, 1953, the petitioner was convicted in the Circuit Court of Logan County, West Virginia, of breaking and entering. After conviction and before sentencing, the prosecuting attorney of that county presented information to the Circuit Court setting forth two previous convictions. On June 12, 1953, pursuant to the provisions of the recidivist law of that state, Code of West Virginia, 61-11-18, 61-11-19, the Court sentenced petitioner to confinement in the penitentiary for the remainder of his natural life. Petitioner filed a petition for a writ of habeas corpus in the Supreme Court of…