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GARDNER v. FORISTER

No. C-C-79-014.

468 F.Supp. 761 (1979)

Benjamin GARDNER, Petitioner, v. R. C. FORISTER and the State of North Carolina, Respondents.

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

April 9, 1979.

Attorney(s) appearing for the Case

No appearance, for petitioner.

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

ORDER GRANTING WRIT OF HABEAS CORPUS

McMILLAN, District Judge.

In April, 1975, petitioner Benjamin Gardner was convicted of second degree murder for the March, 1974, fatal shooting of James Franklin Poe. Petitioner's conviction was affirmed by the North Carolina Court of Appeals (28 N.C. App. 484, 221 S.E.2d 741 (1976)); the North Carolina Supreme Court denied certiorari (

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