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DAVIS v. STATE OF NORTH CAROLINA

Civ. No. 1302 (Habeas Corpus No. 27).

196 F.Supp. 488 (1961)

Elmer DAVIS, Jr., Petitioner, v. STATE OF NORTH CAROLINA.

United States District Court E. D. North Carolina, Raleigh Division.

July 25, 1961.

Attorney(s) appearing for the Case

Charles V. Bell, Charlotte, N. C. and W. B. Nivens, Charlotte, N. C., for petitioner.

T. W. Bruton, Atty. Gen. of North Carolina, for respondent.

BUTLER, Chief Judge.

This petition for writ of habeas corpus has been filed on behalf of Elmer Davis, Jr., who is in the custody of the State of North Carolina under sentence of death.

Petitioner was indicted by the Grand Jury at the November 2 Term, 1959, of the Superior Court of Mecklenburg County, North Carolina, for the crime of murder while engaged in the perpetration of the felony of rape. The case was tried at the December Term, 1959, of said court...

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