State Ex Rel. Mundy v. Boles

Berry, Judge:

This petition for a writ of habeas corpas ad subjiciendum was filed under the original jurisdiction of this Court by Donald Edward Mundy, an inmate of the West Virginia Penitentiary, praying for his release therefrom on the ground that he is illegally confined therein under a void sentence from the Intermediate Court of Kanawha County. A writ was granted by this Court on June 16, 1964, returnable to June 23, 1964, at which time the case was submitted for decision.

The petitioner was indicted by the Grand Jury of Ka-nawha County, West Virginia, at the 1961 June Term of the…