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GRUNDLER v. STATE OF NORTH CAROLINA

No. 8143.

283 F.2d 798 (1960)

Robert J. GRUNDLER and Joseph L. Jelly, Appellants, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 11, 1960.

Attorney(s) appearing for the Case

Herbert E. Rosenberg, New York City, and Arthur P. Hartel, Jr., for appellants.

Ralph Moody and G. Andrew Jones, Asst. Attys. Gen. of North Carolina (T. W. Bruton, Atty. Gen. of North Carolina, on brief), for appellee.

Before SOBELOFF, Chief Judge, SOPER, Circuit Judge, and LEWIS, District Judge.

SOBELOFF, Chief Judge.

Two prisoners in the North Carolina penitentiary prosecute this appeal from the District Court's denial, without a hearing, of their petition for habeas corpus against the State.

On March 8, 1958, Robert J. Grundler and Joseph L. Jelly, after a trial in which they were represented by counsel of their choice, were convicted of rape in a North Carolina state court and sentenced to life imprisonment. On the same day, upon the imposition...

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