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PRESTON v. BLACKLEDGE

Civ. A. No. 2761.

332 F.Supp. 681 (1971)

Calvin Leroy PRESTON and James Louis Mitchell, Petitioners, v. Stan BLACKLEDGE, Warden of Central Prison, Respondent.

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

October 1, 1971.

Attorney(s) appearing for the Case

Norman B. Smith, Greensboro, N. C., for petitioners.

Robert Morgan, Atty. Gen. of N. C., 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 upon a petition for a writ of habeas corpus filed pursuant to the provisions of 28 U.S.C. § 2241.

The petitioners are each currently serving sentences of from thirteen and a half to eighteen years pursuant to judgments entered by the Superior Court of Wake County, North Carolina on November 19, 1969 for armed robbery.

At their trial...

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