Harper v. Boles

MEMORANDUM

MAXWELL, Chief Judge.

The Petitioner, Jack Edward Harper, was convicted by a jury on November 29, 1962, in the Intermediate Court of Kanawha County, West Virginia, for violation of the Uniform Narcotic Drug Act. (W.Va.Code 16-8A, Michie 1966). The case was continued until December 5, 1962, while the court considered the defendant’s motion to set aside the verdict. On December 5, the prosecuting attorney filed an information under the West Virginia Habitual Criminal Act charging two prior felony convictions.1 On December 7, 1962, the Petitioner entered a plea of guilty to the matters…