State Ex. Rel . Bennett v. Whyte

Miller, Justice:

In this original writ of habeas corpus, relator, Allen C. Bennett, challenges two post-conviction orders of the Circuit Court of Jefferson County. The effect of the two orders was to deny a stay or postponement of the execution of relator’s criminal sentence and to refuse to reduce the $50,000 bail set by the court. At issue is (1) whether W. Va. Code, 62-7-1, in providing for postponement of execution of sentence to allow for preparation of appeal, imposes a mandatory duty upon the trial judge to grant postponement upon request; and (2) whether, under the circumstances of…