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VESTER v. LEWIS

No. 75-0131-HC.

403 F.Supp. 255 (1975)

John Bernice VESTER, Petitioner, v. D. C. LEWIS, Superintendent, Caledonia Prison Unit, Tillery, North Carolina, Respondent.

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

September 18, 1975.

Attorney(s) appearing for the Case

Thomas B. Anderson, Jr., Durham, N. C., for petitioner.

Rufus L. Edmisten, Atty. Gen., Richard N. League, Asst. Atty. Gen., Raleigh, N. C., for respondent.

MEMORANDUM OPINION AND ORDER

BUTLER, Senior District Judge.

Petitioner, a state prisoner, has filed an application for a writ of habeas corpus. Petitioner was tried at the October 1973 Session of the Superior Court of Wilson County upon a bill of indictment charging two offenses in violation of state laws: (1) breaking and entering with intent to commit a felony, and (2) larceny. He was convicted by a jury of breaking and entering with intent to commit a...

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