CHARLESTON, W.Va. (UPI) A hearing date of Sept. 6 was set today by the state Supreme Court of Appeals on a petition to revoke the law license of attorney Joseph J. Berzito, recently convicted in federal court here on mail fraud charges. The petition was filed by the West Virginia Bar’s legal ethics committee. Berzito, of Morgantown, re ceived a five year prison term and was fined $10,000 on June 26 following his conviction. He was accused of bilking investors in five small loan companies of about $1.6 million in the late 1960’s through operation of the companies. In another matter, the high court refused to consider the appeal of a West Virginia Penitentiary inmate who was convicted of the stabbing death of another prisoner in a homosexual ‘‘love triangle. ’ Attorneys for John H. Boggess were appealing the life prison term handed to Boggess for the April 26, 1971 slaying of fellow inmate Robert E. McGilton. CHARLES E. ‘‘CAL’’ FORSYTHE was elected the 57th Commander of The American Legion, Department of West Virginia in the closing session of the State Convention in Clarksburg yesterday. The Harrison County attorney, a member of Roy E. Parrish Post No. 13 and a veteran of the United States Army Air Corps, was installed immediately to head the 25,000 member American Legion during its 1972-73 year. Elected with Commander Forsythe were three Department Vice Commanders — James M. Shade, Post 14, Martinsburg; Edward Shaffer, Jr., Post 2, Morgantown; Raymond L. Short, Post 38, Gary.