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GAITEN v. STAHL

Civ. A. No. 2811.

327 F.Supp. 415 (1971)

Bernard GAITEN, Petitioner, v. Donald W. STAHL, and the State of North Carolina, Respondents.

United States District Court, W. D. North Carolina, Charlotte Division.

June 3, 1971.

Attorney(s) appearing for the Case

Richard F. Harris, III, Hicks & Harris, Charlotte, N. C., for petitioner.

Robert Morgan, Atty. Gen., and Charles A. Lloyd, Staff Atty., State of N. C., Raleigh, N. C., for respondents.

MEMORANDUM OF DECISION AND ORDER

McMILLAN, District Judge.

Petitioner, Bernard Gaiten, is presently detained at the Mecklenburg County Jail in Charlotte serving a sentence of five years for common law robbery imposed November 19, 1969, in Mecklenburg County Superior Court upon his conviction by a jury. He appealed his conviction to the North Carolina Court of Appeals which found "No error," State v. Gaiten, 8 N.C. App. 66

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