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FOSTER v. BARBOUR

No. 79-6013.

613 F.2d 59 (1980)

David B. FOSTER, Appellee, v. Robert O. BARBOUR, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 14, 1980.

Attorney(s) appearing for the Case

Joan H. Byers, Asst. Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen. of North Carolina, and T. Michael Todd, Associate Atty. Gen., Raleigh, N. C., on brief), for appellant.

Shelley Blum, Charlotte, N. C. (Blum & Sheely, Charlotte, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and PERRY, District Judge.

WINTER, Circuit Judge.

North Carolina appeals an order of the district court granting a writ of habeas corpus to David B. Foster who had been convicted of first degree felony murder, i. e. homicide in the course of a robbery of a store, and whose conviction had been affirmed on appeal. State v. Foster, 293 N.C. 674, 239 S.E.2d 449 (1977). The district

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