State Ex Rel. Combs v. Boles

CaPLAN, PRESIDENT :

In tbis original babeas corpus proceeding tbe petitioner, Elmer Combs, seeks a writ to compel tbe respondent, Otto C. Boles, Warden of the West Virginia Penitentiary, to release him from custody. The writ was granted on June 13, 1966, returnable on September 7,1966, and counsel was appointed to represent the petitioner. On the return day the petitioner, through his counsel, appeared and filed his written motion for leave to amend the petition. The motion was granted and the case was continued to October 4, 1966. The Attorney General, appearing for the respondent, filed a…