ANDERSON v. STATE OF NORTH CAROLINA

Misc. No. 25.

221 F.Supp. 930 (1963)

Horace ANDERSON, Petitioner, v. STATE OF NORTH CAROLINA, Respondent.

United States District Court W. D. North Carolina, Asheville Division.

Decided October 7, 1963.


Attorney(s) appearing for the Case

Bruce Brown, Asheville, N. C., for petitioner.

Theodore C. Brown, Jr., Staff Atty., Office of Atty. Gen. of North Carolina, Raleigh, N. C., for respondent.


CRAVEN, Chief Judge.

This is a civil action begun by application for a writ of habeas corpus. Upon issuance of the writ, the State of North Carolina responded by answer, and two evidentiary hearings have been held.

"Where the facts are in dispute, the federal court on habeas corpus must hold an evidentiary hearing if the habeas applicant did not receive a full and fair evidentiary hearing in a state court, either at the time of the trial or in...

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