District Court, N.D. West Virginia November 9, 1967, Civ. A. No. C-67-63-E (Pettry v. Boles)

MAXWELL, Chief Judge.

The Petitioner, Gene Tunney Pettry, is presently serving an indeterminate sentence of not less than five nor more than eighteen years imposed following his conviction of second degree murder in the Circuit Court of Roane County in 1965. After exhausting the available State remedies, he applied to this Court for federal habeas corpus relief.