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CAREY v. GARRISON

No. C-C-77-249.

452 F.Supp. 485 (1978)

Albert Lewis CAREY, Jr., Petitioner, v. Samuel P. GARRISON, Warden, Central Prison, Raleigh, North Carolina, and the State of North Carolina, Respondents.

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

June 13, 1978.

Attorney(s) appearing for the Case

No appearance for petitioner.

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

ORDER ON PETITION FOR WRIT OF HABEAS CORPUS

McMILLAN, District Judge.

As of 1969, North Carolina General Statutes § 14-17, defined and provided punishment for murder as follows:

"A murder which shall be perpetrated by means of poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery...

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