HARRIS v. STATE OF NORTH CAROLINA

Civ. No. 1561.

240 F.Supp. 985 (1965)

Herman Edward HARRIS, Petitioner, v. STATE OF NORTH CAROLINA, Respondent.

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

April 28, 1965.


Attorney(s) appearing for the Case

Reginald L. Frazier, New Bern, N. C., J. LeVonne Chambers, Charlotte, N. C., for petitioner.

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


LARKINS, District Judge.

SUMMARY

This cause comes before the Court upon a second petition for a writ of habeas corpus filed in forma pauperis by a State prisoner, pursuant to Title 28 U.S.C.A. § 2254. The first petition was denied on February 28, 1964 because petitioner had failed to exhaust his State remedies. The present petition is resisted by respondent who has made answer and moved to dismiss.

The petitioner, who is a negro, contends that...

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