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HAMILTON v. STATE OF NORTH CAROLINA

No. 11044.

382 F.2d 296 (1967)

Lexy Lee HAMILTON, Appellant, v. The STATE OF NORTH CAROLINA and V. L. Bounds, Director of N. C. Prisons, Appellees.

United States Court of Appeals Fourth Circuit.

Decided August 29, 1967.

Attorney(s) appearing for the Case

Arthur Vann, Durham, N. C., for appellant.

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

Before BOREMAN, BRYAN, and WINTER, Circuit Judges.

PER CURIAM:

Lexy Lee Hamilton was indicted in Nash County, North Carolina, on three counts: (1) for breaking, entering and larceny, (2) for safebreaking, and (3) for attempted safebreaking. He was tried jointly with his two brothers before a jury and was convicted and sentenced on the first two counts. His conviction was affirmed by the North Carolina Supreme Court, 264 N.C. 277,

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