No. C-C-78-101.

462 F.Supp. 582 (1978)

David B. FOSTER, Petitioner, v. Robert O. BARBOUR, Respondent.

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

October 17, 1978.

Attorney(s) appearing for the Case

Shelley Blum, Charlotte, N. C., for petitioner.

Richard N. League, Asst. Atty. Gen., Dept. of Justice, Raleigh, N. C., for respondent.


McMILLAN, District Judge.

On August 17, 1976, between 8:30 and 9:00 p. m., Jimmy Small, owner of Jimmy's Market on Old Statesville Road north of Charlotte, was fatally shot during an attempted robbery of his store. In prosecutions arising out of the attempted robbery and killing, the State contended that four persons—Kenneth Charles Martin, Ernest Williams, Annette Boulware, and petitioner David Bernard Foster...

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