State Ex Rel. Young v. Morgan

MILLER, Justice:

John Lewis Young instituted this original proceeding seeking a writ of habeas corpus ad subjiciendum and a writ of prohibition to prevent the imposition of an additional five-year penalty under our habitual criminal statutes. W.Va.Code, 61-11-18 & 19. Young’s main contention is that the State has not complied with the provisions of W.Va.Code, 61-11-19, because it failed to file a written information of his prior felony conviction during the same term of court as his principal felony conviction. We disagree.

The facts are not in dispute. Young was convicted of second degree…