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BELL v. MAHONEY

Civ. A. No. 2263.

317 F.Supp. 131 (1970)

Otha James BELL, Petitioner, v. Captain W. A. MAHONEY and the North Carolina Department of Corrections, Respondents.

United States District Court, E. D. North Carolina, Raleigh Division.

September 1, 1970.

Attorney(s) appearing for the Case

Jacob L. Safron, Asst. Atty. Gen., Raleigh, N. C., for respondent.

OPINION AND JUDGMENT

DALTON, District Judge, sitting by designation.

This case comes before the court on a petition for a writ of habeas corpus filed in forma pauperis.

On March 4, 1966, petitioner admittedly shot and killed one Sam McCoy after an argument over a card game. Probable cause was found at a preliminary hearing on April 18, 1966 in the Raleigh City Court where petitioner was represented by court-appointed counsel. Indictment by...

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