OUTING v. STATE OF NORTH CAROLINA

No. 9565.

344 F.2d 105 (1965)

George H. OUTING, Jr., Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 5, 1965.


Attorney(s) appearing for the Case

George M. Trible, III, Richmond, Va. (Court-assigned counsel), for appellant.

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

Before HAYNSWORTH, Chief Judge, and BOREMAN and BRYAN, Circuit Judges.


HAYNSWORTH, Chief Judge:

This North Carolina prisoner seeks a writ of habeas corpus upon the ground that his confession was extracted by intimidation and in violation of the principle of Escobedo.1 His version of what transpired would entitle him to relief. North Carolina, however, advances a different version of the facts.

The District Court dismissed the petition without a hearing after reviewing the state court proceedings,...

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