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RHINEHART v. STATE OF NORTH CAROLINA

No. 9773.

344 F.2d 114 (1965)

Clarence Ray RHINEHART, Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 30, 1965.

Attorney(s) appearing for the Case

Murray J. Janus, Richmond, Va. (Court-assigned counsel) [Bremner, Merhige, Byrne, Montgomery & Baber, Richmond, Va. on the brief] for appellant.

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

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

J. SPENCER BELL, Circuit Judge.

The petitioner appeals from an order1 of the District Court for the Western District of North Carolina denying his petition for a writ of habeas corpus without a plenary hearing.

The petition raised before the district court several constitutional issues which had been considered in a plenary hearing under the North Carolina Post-Conviction Hearing Act and decided against the petitioner. The record...

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