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WOOD v. ROSS

Nos. 13074, 13425.

434 F.2d 297 (1970)

Thurman E. WOOD, Appellant, v. Maj. Fred ROSS, Supt. of Caledonia Prison Farm, Appellee. Wayne Claude RICE, Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 16, 1970.

Attorney(s) appearing for the Case

William W. Van Alstyne, Durham, N. C. (Court-assigned counsel), for appellants.

Edward L. Eatmen, Jr., Staff Attorney, Raleigh, N. C. (Robert Morgan, Atty. Gen. of N. C., and Jacob L. Safron, Staff Attorney, Raleigh, N. C., on the brief), for appellee.

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

ALBERT V. BRYAN, Circuit Judge:

These are common appeals in habeas corpus aimed at the ultimate convictions in North Carolina record courts of Wayne Claude Rice and Thurman E. Wood. They assert that in the review allowed them by the State from their primary convictions in courts not of record, each experienced unconstitutional overreaching by the State. Both claim they were denied due process, in that they were given harsher punishments on the appeals...

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