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CRAWFORD v. BAILEY

No. 10477.

360 F.2d 596 (1966)

Marion Frank CRAWFORD, Appellant, v. K. B. BAILEY, Warden of Central Prison, Lee Bounds, Director of Prisons of the State of North Carolina, and Dan K. Moore, Governor of the State of North Carolina, Appellees.

United States Court of Appeals Fourth Circuit.

Decided May 6, 1966.

Attorney(s) appearing for the Case

M. C. Burt, Jr., Durham, N. C. (McKissick & Burt, Durham, N. C., on brief), for appellant.

Theodore C. Brown, Jr., Asst. Atty. Gen. of North Carolina (Thomas Wade Bruton, Atty. Gen. of North Carolina, on brief), for appellees.

Before HAYNSWORTH, Chief Judge, BRYAN, Circuit Judge, and FIELD, District Judge.

PER CURIAM.

This North Carolina prisoner sought habeas corpus in the District Court before he had exhausted available state postconviction remedies. An order was entered holding the petition in abeyance, but staying the execution of the death penalty to enable the prisoner to seek relief in the state courts. Jurisdiction was retained.

After exhaustion of state remedies, the prisoner's retained counsel filed a pleading entitled "Amended Petition," in which...

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