State Ex Rel. Cogar v. Haynes

Calhoun, Judge:

In this original proceeding in habeas corpus, Charles A. Cogar, the relator, seeks a writ to compel the respondent, *807Lloyd E. Haynes, Warden of the Huttonsville Correctional Center, to release him from custody.

The facts of the case are undisputed. The issue to be determined by the Court is whether the indictment upon which the relator was convicted charges an offense under the laws of this state, and, if so, whether the offense charged is a felony or a misdemeanor.

On January 8, 1969, the relator was indicted in the Circuit Court of Webster County for “unlawfully and feloniously”…