Martin v. Boles

*957MEMORANDUM

MAXWELL, Chief Judge.

Petitioner, Charles Eugene Martin, is presently serving a life sentence in Respondent’s custody following conviction as an habitual offender under West Virginia Code, Chapter 61, Article 11, Section 19 (Michie’s ed. 1961, section 6131).

The habeas corpus petition filed in this Court designates three grounds for relief. First, it is alleged that Petitioner was not “duly cautioned” as to his rights to silence and to a jury determination of his identity prior to his conviction under the recidivist charge as required by the above statute. Secondly, Martin claims the…