Legal Opinion

John Fink Mounts v. Otto C. Boles, Warden of the West Virginia State Penitentiary

Court of Appeals for the Fourth Circuit

Decided November 13, 1963No. 9048PublishedCited by 21 opinions

1Opinion of the Court

J. SPENCER BELL, Circuit Judge.

The State of West Virginia appeals from a judgment of the District Court requiring the defendant Boles, Warden of the penitentiary, to release the petitioner Mounts from custody. The judgment of the District Court is affirmed.

On May 30, 1956, Mounts was convicted of unlawful and felonious wounding, the statutory penalty for which is imprisonment for an indeterminate term of from one to five years. On May 31, 1956, when the prisoner came up for sentencing, the Prosecuting Attorney filed an information reciting four previous eonvictions for felony and involving…

2Cases cited8 opinions

  1. Snyder v. MassachusettsSupreme Court of the United States · 1934
  2. Shaughnessy v. United States Ex Rel. MezeiSupreme Court of the United States · 1953
  3. Graham v. West VirginiaSupreme Court of the United States · 1912
  4. Chandler v. Warden FretagSupreme Court of the United States · 1954
  5. United States Ex Rel. Collins v. Claudy, WardenCourt of Appeals for the Third Circuit · 1953

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State ex rel. Beckett v. BolesWest Virginia Supreme Court · 1964
  2. United States of America Ex Rel. Salvatore D'ambrosio, Relator-Appellant v. Hon. Edward M. Fay, as Warden of Green Haven Prison, Stormville, New YorkCourt of Appeals for the Second Circuit · 1965
  3. Wright v. CravenDistrict Court, N.D. California · 1971
  4. State Ex Rel. McClure v. BolesWest Virginia Supreme Court · 1965
  5. Paul Homer Crabtree v. Otto C. Boles, Warden of the West Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1964

16 more not listed; retrieve them via the Exa API.

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