DAVIS v. STATE OF NORTH CAROLINA

No. 8453.

310 F.2d 904 (1962)

Elmer DAVIS, Jr., Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1962.


Attorney(s) appearing for the Case

W. B. Nivens and Charles V. Bell, Charlotte, N. C., 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, and HAYNSWORTH, BOREMAN, BRYAN and J. SPENCER BELL, Circuit Judges, sitting en banc.


SOBELOFF, Chief Judge.

No task is more unwelcome to a federal court than that of determining whether a constitutional infirmity exists in a particular state criminal proceeding. However, when an issue of federal law is raised in a state trial, it may later become our duty to undertake such a review. The question in the present case is whether the District Court erred in dismissing a petition for a writ of habeas corpus filed by a state prisoner without conducting...

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