State Ex Rel. Burgett v. Oakley

Carrigan, Judge:

This is an original proceeding in habeas corpus wherein petitioner seeks to have this Court declare an order of the Circuit Court of Logan County sentencing the petitioner to a term of two years in the West Virginia State Penitentiary void and, thus, prevent its enforcement.

Petitioner was indicted by the grand jury at the September 1970 term of court for the possession of the drug Cannabis in violation of Chapter 16, Article 8A, Section 2 of the Code of West Virginia, 1931, as amended. Petitioner was tried and convicted during said September 1970 term of court, and on December…