No. 8749.

315 F.2d 676 (1963)

Chester L. EDGERTON, Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 14, 1963.

Attorney(s) appearing for the Case

Ronald P. Wertheim, Philadelphia, Pa. (Court-assigned counsel), (Daniel J. Meador, Charlottesville, Va., 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, and BOREMAN and J. SPENCER BELL, Circuit Judges.

J. SPENCER BELL, Circuit Judge.

The petitioner's application for a writ of habeas corpus was denied by the District Court without a plenary hearing and without requiring the State of North Carolina to file a response. This court granted leave to appeal in forma pauperis, issued a certificate of probable cause, and appointed counsel.

The District Court did, however, consider the allegations of the writ in the light of all the records of the state court proceedings...

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