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DuBOISE v. STATE OF NORTH CAROLINA

No. 9466.

338 F.2d 697 (1964)

Leo DuBOISE, Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 16, 1964.

Attorney(s) appearing for the Case

Ronald P. Sokol, Charlottesville, Va. (Court-assigned counsel), for appellant.

Andrew A. Vanore, Jr., Asst. Atty. Gen. of North Carolina (Thomas Wade Bruton, Atty. Gen. of North Carolina, and Theodore C. Brown, Jr., Asst. Atty. Gen. of North Carolina, on brief), for appellee.

Before BOREMAN and BRYAN, Circuit Judges, and THOMSEN, District Judge.

PER CURIAM.

Leo DuBoise, a prisoner of the State of North Carolina, filed his petition in the court below for a writ of habeas corpus alleging that at the time of his trial he "requested that he be put on the stand in his own behalf" and that his counsel "did not want your petitioner to take the stand in his own behalf."

The District Court, accepting the factual allegations of the petition as true, concluded that they presented no constitutional question and...

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