FAUST v. STATE OF NORTH CAROLINA

No. 8622.

307 F.2d 869 (1962)

Mellott FAUST, Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 6, 1962.


Attorney(s) appearing for the Case

Charles V. Bell, Charlotte, N. C. (Peter H. Bell, Plymouth, N. C., on brief), for appellant.

Harry W. McGalliard, Asst. Atty. Gen. of North Carolina (T. W. Bruton, Atty. Gen. of North Carolina, on brief), for appellee.

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


CRAVEN, District Judge.

Appellant is now confined in the state penitentiary at Raleigh, North Carolina under sentence of death. He prosecutes this appeal from the District Court's denial of his petition for habeas corpus.

On the 21st day of May, 1960, Appellant was one of a crowd of people who gathered near the corner of Gold and Summit Streets in the city of Charlotte. Two cousins, John and Charles Smith, had been engaged in a fight and had attracted the...

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