GUNNING v. COUSIN

No. C-C-75-18.

452 F.Supp. 916 (1978)

James A. GUNNING, Petitioner, v. Gene T. COUSIN, and the State of North Carolina, and the North Carolina Department of Correction, Respondents.

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

June 29, 1978.


Attorney(s) appearing for the Case

Joseph W. Grier, III, Charlotte, N. C., for petitioner.

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


MEMORANDUM OF DECISION

McMILLAN, District Judge.

PRELIMINARY STATEMENT

James A. Gunning, petitioner, was convicted by a jury in Gaston County, North Carolina, Superior Court on March 7, 1974, of felonious breaking and entering and felonious larceny. He was sentenced to ten years of imprisonment for breaking and entering, and five years' imprisonment for larceny, the terms to be served concurrently.

Gunning in this habeas corpus petition...

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