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WILSON v. BAILEY

No. 10733.

375 F.2d 663 (1967)

William M. WILSON, Appellant, v. K. B. BAILEY, Warden, Central Prison, Raleigh, N. C., Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 22, 1967.

Attorney(s) appearing for the Case

C. Willis Ritter, Baltimore, Md. (Court-assigned counsel), for appellant.

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

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

CRAVEN, Circuit Judge:

This is a state prisoner's appeal from the dismissal without a hearing of his application for writ of habeas corpus in the district court. The petitioner, Wilson, was accorded a post-conviction hearing in state court to review the constitutionality of his conviction and life sentence for murder in the first degree. Neither the state court nor the district court consulted the transcript of the orginal trial. It has since been made available....

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