Given v. Boles

MAXWELL, Chief Judge.

Lindy Given, an inmate of the West Virginia Penitentiary, is presently in the custody of Respondent, serving an indeterminate sentence of not less than five, nor more than eighteen years, imposed by the Criminal Court of Raleigh County, West Virginia, on November 12, 1958. The Petitioner was convicted by a jury of second degree murder several weeks prior to his sentencing date. After having unsuccessfully petitioned the West Virginia Supreme Court of Appeals for a writ of habeas corpus, Given petitioned this Court for a writ of habeas corpus and his release.

The question…