OPINION AND ORDER
BUTLER, Chief Judge.
This is a second application by William F. Tyler, a state prisoner, for a writ of habeas corpus. Petitioner was convicted at the August 1965 Term of New Hanover County Superior Court and was sentenced to a term of 8 to 10 years imprisonment upon a plea of not guilty of common law robbery. His conviction was affirmed by the North Carolina Supreme Court. State v. Tyler,
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