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McLAWHORN v. STATE OF NORTH CAROLINA

No. 73-1231.

484 F.2d 1 (1973)

Herman Russell McLAWHORN, III, Appellant v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 10, 1973.

Attorney(s) appearing for the Case

Jack W. Floyd, Greensboro, N. C. (Benjamin F. Davis, Jr., and Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., on brief), for appellant.

Richard N. League, Asst. Atty. Gen., of North Carolina (Robert Morgan, Atty. Gen., of North Carolina, on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and CRAVEN and BUTZNER, Circuit Judges.

BOREMAN, Senior Circuit Judge:

Herman Russell McLawhorn, III (hereafter petitioner or McLawhorn) appeals the district court's denial of his petition for a writ of habeas corpus. He complains that the State's refusal to reveal the identity of an informant who participated in illegal activities with respect to narcotic drugs of which petitioner was convicted in state court is a denial of due process. Since we conclude that this refusal to reveal the identity of a

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