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MORRISON v. JONES

No. 77-1347.

565 F.2d 272 (1977)

A. B. MORRISON, Appellee, v. David L. JONES, Commissioner of Correction, Dept. of Social Rehab. and Control for the State of North Carolina, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 1977.

Attorney(s) appearing for the Case

John H. Byers, Associate Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen. of North Carolina, Raleigh, N. C., on brief), for appellant.

Robert F. Rush, Charlotte, N. C. (Jo Hill Dobbins, on brief), for appellee.

Before BRYAN and FIELD, Senior Circuit Judges, and WIDENER, Circuit Judge.

FIELD, Senior Circuit Judge:

A. B. Morrison, a North Carolina prisoner, filed a petition for habeas corpus in the district court alleging that the state had violated his right to a speedy trial under the Sixth Amendment. The court granted the petition and North Carolina has appealed.

In an indictment returned by a state grand jury on January 5, 1970, the petitioner was charged with first degree murder allegedly committed on September 4, 1969. The first trial...

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