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HARRIS v. ANDERSON

No. C-C-73-225.

364 F.Supp. 465 (1973)

James Lee HARRIS, Petitioner, v. W. D. ANDERSON, Superintendent, Yancey County Department of Correction, and State of North Carolina, Respondents.

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

October 10, 1973.

Attorney(s) appearing for the Case

No attys. for petitioner.

Richard N. League, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, N. C., for respondents.

ORDER

McMILLAN, District Judge.

On November 17, 1971, James Lee Harris, petitioner, charged with common law robbery, pleaded guilty in the Superior Court of Mecklenburg County to the crime of larceny from the person, a lesser offense. Subsequently he was given permission to withdraw his guilty plea and to stand trial on the original charge. He was convicted after trial by jury and was sentenced to ten years in prison.

Now, Harris seeks to undo the...

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