Spaulding v. Warden, West Virginia State Penitentiary

Sprouse, Justice:

This case involves an appeal by Roy Spaulding from a final judgment of the Circuit Court of Monongalia County, denying the appellant relief in habeas corpus. The defendant was convicted in the circuit court of breaking and entering. He was sentenced to a term of one to fifteen years in the West Virginia Penitentiary, five years having been added to the standard one to ten year sentence because of the appellant’s previous conviction for the same offense. Notice of intent to appeal was not filed until five months after the entry of final judgment, contrary to the mandatory…