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DANIELS v. ALLEN

No. 6330.

192 F.2d 763 (1951)

DANIELS et al. v. ALLEN, Warden, Central Prison of the State of North Carolina.

United States Court of Appeals Fourth Circuit.

Decided November 5, 1951.

Attorney(s) appearing for the Case

O. John Rogge, New York City (Rogge, Fabricant, Gordon & Goldman, New York City, Herman L. Taylor, Raleigh, N. C., and Murray A. Gordon, New York City, on brief), for appellant.

Ralph Moody, Asst. Atty. Gen., of North Carolina (Harry McMullan, Atty. Gen., of North Carolina, on brief), for appellee.

Before PARKER, Chief Judge and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal from an order vacating a writ of habeas corpus and dismissing the petition for the writ. Appellants were indicted in a North Carolina state court for the crime of murder and were convicted by a jury of murder in the first degree. The jury did not recommend mercy in the case and petitioners were sentenced to death. They appealed to the state Supreme Court, which affirmed the conviction, and then applied to the Supreme Court of...

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