VAUGHN, Judge.
Defendant contends that court erred in overruling his motion for dismissal upon his plea of former jeopardy. On 18 August 1971, while awaiting trial on the indictment for escape, defendant filed a petition in the District Court of the United States for the Western District of North Carolina seeking removal of the cause to that court pursuant to 28 U.S.C. § 1443. A copy of the petition was filed with the Clerk of Gaston Superior Court.
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