LEWIS v. MAHONEY

No. 74-81-HC.

380 F.Supp. 1370 (1974)

Everett Lee LEWIS, Petitioner, v. W. A. MAHONEY and the State of North Carolina, Respondents.

United States District Court, E. D. North Carolina, Raleigh Division.

August 22, 1974.


Attorney(s) appearing for the Case

Everett Lee Lewis, for petitioner.

Robert Morgan, N. C. Atty. Gen., Richard N. League, Asst. N. C. Atty. Gen., Raleigh, N. C., for respondents.


ORDER

BUTLER, Chief Judge.

Petitioner, a state prisoner, has been allowed to file in forma pauperis, an application for a writ of habeas corpus.

On March 27, 1973, in the Superior Court of Carteret County, the petitioner entered a plea of nolo contendere to the charge of assault with intent to commit rape, and a sentence of seven years was imposed. On the same day, the solicitor, with the approval of the court, elected to take a nolle prosequi...

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