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VANCE v. STATE OF NORTH CAROLINA

No. 13357.

432 F.2d 984 (1970)

Jacob VANCE, Jr., Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 5, 1970.

Attorney(s) appearing for the Case

Robert L. Harrell, Asheville, N. C. (Court-assigned) for appellant.

Prof. Ralph S. Spritzer, Philadelphia, Pa. (Prof. Paul Bender, Washington, D. C., and Prof. James A. Strazzella, Philadelphia, Pa., on brief) amici curiae.

Jacob L. Safron, Raleigh, N. C., Staff Atty. (Robert Morgan, Atty. Gen., on brief), for appellee.

Before BRYAN and CRAVEN, Circuit Judges, and RUSSELL, District Judge.

CRAVEN, Circuit Judge:

Jacob Vance appeals from an order of the district court dismissing his petition for a writ of habeas corpus. Vance contends that North Carolina violated his constitutional rights in three respects during his criminal prosecution. First, he claims that his incourt identification by a prosecution witness should not have been permitted because a previous station house confrontation with the witness was held in the absence of counsel and was unduly...

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