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MILLER v. STATE OF N. C.

No. 78-6058.

583 F.2d 701 (1978)

Carl MILLER, Artis P. McClain, and Larry Campanella Clark, Appellants, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 29, 1978.

Attorney(s) appearing for the Case

William A. Reppy, Jr., Legal Research Program, Duke Law School, for appellants.

Richard N. League, Asst. Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen. of North Carolina, Raleigh, on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and WINTER and HALL, Circuit Judges.

WINTER, Circuit Judge:

Appellants are three black men who, originally sentenced to death, are currently serving life sentences resulting from their North Carolina convictions, pursuant to N.C.Gen.Stat. § 14-21 (1977 Cum.Supp.),1 for first degree rape of a white woman. In their petition for federal habeas corpus relief, they alleged two principal constitutional errors in their convictions: first, that the trial court's insistence that...

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