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UNITED STATES v. BARWICK

No. 9334.

331 F.2d 597 (1964)

UNITED STATES of America, ex rel. Golden FRINKS, Appellant, v. J. G. BARWICK, Superintendent of Gates County Prison Unit 014, Gatesville, North Carolina, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 27, 1964.

Attorney(s) appearing for the Case

Arthur Kinoy, New York City (Earl Whitted, Jr., Goldsboro, N. C., J. Robert Lunney, New York City, Samuel S. Mitchell, Raleigh, N. C., Charles T. McKinney, New York City, Floyd B. McKissick, Durham, N. C., William M. Kunstler, Michael J. Kunstler, and Kunstler, Kunstler & Kinoy, New York City, on brief), for appellant.

Theodore C. Brown, Jr., Staff Attorney for State of North Carolina (T. W. Bruton, Atty. Gen. of North Carolina, on brief), for appellee.

Before SOBELOFF, Chief Judge, and BRYAN and J. SPENCER BELL, Circuit Judges.

PER CURIAM.

This matter is before the court on an appeal from an order of the district court for the Eastern District of North Carolina discharging a writ of habeas corpus. The district court also declined to admit the petitioner to bail pending this appeal. The effect of such denial was to compel the petitioner to serve out the jail sentence before he could have a review of its legality.

His principal claim was that he had been denied assistance of counsel...

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