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IN RE McCOY

Civ. No. 1547.

233 F.Supp. 409 (1964)

In the Matter of the Imprisonment of Frank Joseph McCOY.

United States District Court E. D. North Carolina, Raleigh Division.

September 4, 1964.

Attorney(s) appearing for the Case

John A. Dwyer, Whiteville, N. C., for petitioner.

T. Wade Bruton, Atty. Gen. of North Carolina, by Theodore C. Brown, Jr., Staff Atty., Raleigh, N. C., for respondent.

LARKINS, District Judge.

SUMMARY

Pursuant to the provisions of Title 28 U.S.C.A. § 2254, counsel for this state prisoner filed this petition for a writ of habeas corpus. Issues were joined upon submission of respondent's answer and motion to dismiss. Noting the existence of a substantial constitutional question, the court entered an Order to Show Cause returnable to the Jones County Courthouse at Trenton, North Carolina,

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