OUTING v. STATE OF NORTH CAROLINA

No. 10926.

383 F.2d 892 (1967)

George H. OUTING, Jr., Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 21, 1967.


Attorney(s) appearing for the Case

Frank N. Cowan, Richmond, Va. (Court-appointed counsel), for appellant.

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

Before HAYNSWORTH, Chief Judge, and KAUFMAN and RUSSELL, District Judges.


HAYNSWORTH, Chief Judge:

In this habeas corpus proceeding, a North Carolina prisoner attacks a confession as involuntary. The case was here once before on appeal from a dismissal of the petition after a review of the record of the state trial. We reversed the summary dismissal,1 because, while the state court judge made a conclusory finding that the confession was voluntary, there were no subsidiary findings resolving the underlying factual...

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