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WORD v. STATE OF NORTH CAROLINA

Nos. 10765, 11487, 11770.

406 F.2d 352 (1969)

Johnny F. WORD, No. 82830, Appellant, v. STATE OF NORTH CAROLINA, Appellee. James Johnnie MATTHEWS, Appellant, v. Glenn O. WOMBLE, Sheriff, Nash County, North Carolina, Appellee. James Lee WILLIAMS, Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals Fourth Circuit.

January 15, 1969.

Attorney(s) appearing for the Case

James L. Underwood (Court-assigned Counsel) for appellants.

Ralph A. White, Jr., Staff Attorney, Raleigh, N. C. (Thomas Wade Bruton, Atty. Gen., of North Carolina, on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, SOBELOFF, BOREMAN, BRYAN, WINTER and CRAVEN, Circuit Judges, sitting en banc.

HAYNSWORTH, Chief Judge:

We have for decision the question whether, in light of Peyton v. Rowe, 391 U.S. 54, 88 S.Ct. 1549, 20 L.Ed.2d 426, federal habeas corpus provides a present remedy for a state prisoner seeking to attack, on constitutional grounds, a conviction in another state which underlies a detainer filed with his keeper. We hold that it does and that the action is properly brought in a district court in the demanding state...

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