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PATTON v. STATE OF NORTH CAROLINA

No. 11005.

381 F.2d 636 (1967)

Eddie W. PATTON, Appellee, v. STATE OF NORTH CAROLINA, Appellant.

United States Court of Appeals Fourth Circuit.

Decided June 14, 1967.

Attorney(s) appearing for the Case

Theodore C. Brown, Jr., Staff Atty., Office of Atty. Gen. of North Carolina (T. Wade Bruton, Atty. Gen. of North Carolina, on brief), for appellant.

William W. Van Alstyne, Durham, N. C. (Court-assigned counsel), for appellee.

Before SOBELOFF, J. SPENCER BELL and WINTER, Circuit Judges.

SOBELOFF, Circuit Judge:

The question raised by this appeal is whether a defendant may be sentenced to a longer term of imprisonment at his second trial than he received after his first conviction, vacated on constitutional grounds.

Unrepresented by counsel, the petitioner, Eddie W. Patton, was tried in October, 1960 and convicted of armed robbery after a plea of nolo contendere, entered at the close of the State's evidence.

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