
    State ex rel. Melvin Gerst v. D. E. Adams, Warden, West Virginia Penitentiary
    (No. 12060)
    Submitted July 19, 1960.
    Decided July 23, 1960.
    
      Frank L. Taylor, Jr., for relator.
    
      
      W. W. Barron, Attorney General, George H. Mitchell, Assistant Attorney General, for respondent.
   Browning, Preesident:

The petitioner in the instant proceeding is one of those persons jointly indicted with Bobert Vandal, see State ex rel. Vandal v. Adams, Warden, etc., 145 W. Va. 566, 115 S. E. 2d. 489, decided at this term of Court, and this proceeding’ is controlled by the decision in that case.

Prisoner discharged.  