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McALLISTER v. GARRISON

No. 77-1419.

569 F.2d 813 (1978)

Douglas L. McALLISTER, Appellant, v. Sam P. GARRISON, Warden, Central Prison, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 25, 1978.

Attorney(s) appearing for the Case

Marvin Schiller, Raleigh, N. C., for appellant.

Richard N. League, Asst. Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen. of N. C., Joan H. Byers, Associate Atty. Gen., Raleigh, N. C., on brief), for appellee.

Before RUSSELL, WIDENER and HALL, Circuit Judges.

WIDENER, Circuit Judge:

Douglas McAllister, appealing from the dismissal of his petition for a writ of habeas corpus, asks this court to extend the principle of Britt v. North Carolina, 404 U.S. 226, 92 S.Ct. 431, 30 L.Ed.2d 400 (1971), to require that he be furnished a transcript of a prior, unrelated trial to assist in the defense of a second prosecution for forgery. We decline to so extend Britt and affirm.

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