Carrico v. Griffith

Caplan, Justice:

This is an appeal by Joseph Carrico from a final order of the Circuit Court of Wayne County wherein the appellant was denied relief in habeas corpus.

On April 2, 1971, upon a trial by jury, the appellant was convicted of the offense of forcible rape and, under the then effective statute, W. Va. Code, 1931, 61-2-15, as amended, the jury having recommended mercy, said appellant was sentenced to confinement in the state peni-teniary for a term of ten to twenty years. No appeal was taken from that conviction.

The appellant, on January 28, 1977, filed a petition for a writ of habeas…