United States v. Boles, Civ. A. No. 1081-W.

• Decision Date: 29 January 1962
• Docket Number: Civ. A. No. 1081-W.
• Citation: 206 F. Supp. 380
• Court: U.S. District Court — Northern District of West Virginia
• Parties: UNITED STATES of America ex rel. William D. RINE, Petitioner, v. Otto C. BOLES, Warden, West Virginia State Penitentiary, Respondent.

206 F. Supp. 380

UNITED STATES of America ex rel. William D. RINE, Petitioner, v. Otto C. BOLES, Warden, West Virginia State Penitentiary, Respondent.

Civ. A. No. 1081-W.

United States District Court N. D. West Virginia, at Wheeling.

January 29, 1962.

Louis John, Wheeling, W. Va., for petitioner.

Thomas P. O'Brien, Pros. Atty., for Ohio County, W. Va., for respondent.

CHARLES F. PAUL, District Judge.

William D. Rine seeks his release from the custody of the respondent under a sentence and commitment for a one to ten year period entered by the Intermediate Court of Ohio County, West Virginia, March 11, 1960.

Rine was born December 28, 1942, and, at all times material herein, resided with his mother in Wheeling, Ohio County, West Virginia.

At a hearing held November 14, 1959, upon a petition based upon three separate acts of car theft, Rine was adjudged guilty of delinquency by the Juvenile Court of Ohio County, West Virginia. On November 21, 1959, the Juvenile Court placed Rine on "general probation." The terms of such probation include a prohibition against the probationer's leaving the county without the permission of the Probation Officer and against the commission of criminal acts. The term of the probation is during the minority of the probationer.

At about seven o'clock in the evening December 10, 1959, Rine was arrested by state police on U. S. Route 250, approximately four miles north of the little town of Durbin, Pocahontas County, West Virginia, in the Allegheny Mountain section of West Virginia. Prior thereto Corporal Higby, a State Trooper, who was off duty and at his home in Durbin, was informed by the owner that a new Chrysler car had just been stolen from a position in front of a garage in Durbin. While the information was being given, Higby saw the car pass on the road in front of his home. By use of his car radio Higby contacted other state police detachments and sheriffs' offices and arranged for the setting up of road blocks at strategic points. Higby, accompanied by other peace officers, went in pursuit of the stolen car. The car was found abandoned on a side road and tracks of one person in the snow were observed leading from the car up over a hill toward the main highway. Higby then proceeded to one of the road blocks on the main highway and, a few minutes later, Rine walked up to the police car and "gave himself up," admitting that he was the person who had stolen the car and for whom the police were looking. The temperature was very cold and from eight to ten inches of snow covered the ground. Rine was lightly dressed and cold.

Rine was taken to an office in the town of Durbin where he was questioned by Higby in the presence of three other witnesses. Rine readily admitted not only the theft of the Chrysler but of four other cars at various points between Wheeling and Durbin between nine in the morning and the time of his arrest. His statement was transcribed in question and answer form and signed by Rine.

On Rine's person the trooper found a card of the Probation Officer of Ohio County, West Virginia, indicating that Rine was a juvenile probationer. Rine was then taken to the county seat of Pocahontas County at Marlinton where he was lodged in jail. The next day the Pocahontas County authorities contacted Ohio County authorities, confirmed the fact that Rine was on probation, and received instructions to hold Rine until Ohio County authorities could pick him up. On December 12 the Judge of the Juvenile Court of Ohio County ordered a capias issued for Rine's arrest and return to Ohio County. Due to the intervening weekend and the bad condition of the roads it was December 15 before a deputy sheriff from Ohio County could drive to Marlinton. On the drive back to Wheeling, in general conversation with the deputy and not in answer to questions, Rine apparently bragged about having stolen several cars, including a Buick...