WHITLEY v. STATE OF NORTH CAROLINA

No. 10282.

357 F.2d 75 (1966)

Bruce WHITLEY, Appellant, v. STATE OF NORTH CAROLINA, Hugh Logan, Appellees.

United States Court of Appeals Fourth Circuit.

Decided February 7, 1966.


Attorney(s) appearing for the Case

James Dennis Rash, Charlotte, N. C. (Court-assigned counsel) [Moore & Van Allen, Charlotte, N. C., 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 appellees.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.


SOBELOFF, Circuit Judge:

The District Court dismissed Bruce Whitley's petition for writ of habeas corpus on the ground that he had "made no attempt to present all the questions here raised, including the question of a coerced plea of guilty, by means of post-conviction hearing, appeal or petition for writ of certiorari, to the Supreme Court of North Carolina."

During the October, 1961, term of the Nash County Superior Court Whitley was convicted on four counts...

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