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CHANCE v. GARRISON

No. 75-2060.

537 F.2d 1212 (1976)

Danny CHANCE, Appellant, v. Samuel GARRISON, Warden, Central Prison, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 10, 1976.

Attorney(s) appearing for the Case

William J. Cintolo, Revere, Mass. (Gerald Alch, Boston, Mass., on brief), for appellant.

Richard N. League, Asst. Atty. Gen. of N. C., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen. of N. C., Raleigh, N. C., on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, WIDENER, Circuit Judge, and HADEN, District Judge.

BOREMAN, Senior Circuit Judge:

In 1970, the appellant, Danny Chance, was indicted on state charges of kidnapping, rape and murder resulting from the abduction of two persons, one of whom was raped and the other murdered. In March 1971 Chance was tried by a jury in a North Carolina state court, convicted of one count of rape, one count of murder, and two counts of kidnapping. He was sentenced to death. Chance appealed to...

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