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PATTON v. STATE OF NORTH CAROLINA

Civ. No. 2397.

256 F.Supp. 225 (1966)

Eddie W. PATTON, Petitioner, v. STATE OF NORTH CAROLINA, Respondent.

United States District Court W. D. North Carolina, Asheville Division.

Decided July 20, 1966.

Attorney(s) appearing for the Case

William W. Van Alstyne, Durham, N. C., for petitioner.

Wade Bruton, Atty. Gen. of North Carolina, and Theodore C. Brown, Jr., Staff Atty., Raleigh, N. C., for respondent.

MEMORANDUM OF DECISION

CRAVEN, Circuit Judge.*

By establishing that he was unconstitutionally imprisoned, Eddie Patton won a new trial and, ironically, lost more of his liberty.

Patton was arrested on June 10, 1960, and has been imprisoned ever since. For lack of money to post bond, he stayed in jail in Bladen County from June 10, 1960, until his trial on October 26, 1960, when, without the assistance of counsel, he tendered...

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