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THOMAS v. STATE OF NORTH CAROLINA

No. 15070.

447 F.2d 1320 (1971)

Robert Lee THOMAS, Appellant, v. STATE OF NORTH CAROLINA and Mr. Bill Mahoney, Superintendent, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 10, 1971.

Attorney(s) appearing for the Case

Walter G. Lohr, Jr. [court-assigned counsel], and George A. Nelson, Baltimore, Md., for appellant.

Jacob L. Safron, Asst. Atty. Gen. of North Carolina (Robert Morgan, Atty. Gen. of North Carolina, on the brief), for appellees.

Before BOREMAN, BUTZNER and RUSSELL, Circuit Judges.

BUTZNER, Circuit Judge:

Robert Lee Thomas, presently serving a life sentence in a North Carolina prison for murder, appeals the district court's denial of his petition for a writ of habeas corpus, 315 F.Supp. 873. We hold that Thomas' confession was improperly admitted into evidence and we reverse.1

Thomas, a farm laborer who had dropped out of school before completing the fifth grade, was...

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