HALL v. BOSTIC

No. 75-1119.

529 F.2d 990 (1975)

Billy Ray HALL, Appellee, v. O. M. BOSTIC, Monroe Prison Unit and the Attorney General of the State of North Carolina, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 16, 1975.

Certiorari Denied April 26, 1976.


Attorney(s) appearing for the Case

Lawrence Young, Chapel Hill, N. C. [court-appointed counsel], for appellee.

Jacob Safron, Asst. Atty. Gen. (Rufus L. Edmisten, Atty. Gen., and Richard N. League, Asst. Atty. Gen., on brief), for appellant.

Before RUSSELL, FIELD and WIDENER, Circuit Judges.


Certiorari Denied April 26, 1976. See 96 S.Ct. 1733.

Donald RUSSELL, Circuit Judge:

The petitioner, a North Carolina prisoner, pleaded guilty to the crime of forgery and was sentenced to seven years' imprisonment, suspended during probation for five years. Under the North Carolina probation statute, one who, under suspended sentence as was the petitioner, violates the conditions of his probation, is dealt with "as if there had been no probation or suspension...

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