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MILANO v. GARRISON

No. 80-6225.

677 F.2d 374 (1981)

Frank Edward MILANO, Appellee, v. Sam GARRISON and State of North Carolina, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 23, 1981.

Attorney(s) appearing for the Case

Richard N. League, Sp. Deputy Atty. Gen., Raleigh, N. C., (Rufus L. Edmisten, Atty. Gen. of N. C., Rudolph A. Ashton, III, Asst. Atty. Gen., Raleigh, N. C., on brief), for appellants.

Michael S. Scofield, Charlotte, N. C., for appellee.

Before HAYNSWORTH, Chief Judge, and RUSSELL and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

A jury found the petitioner, Frank Edward Milano, guilty of first degree rape in North Carolina Superior Court. The North Carolina Supreme Court affirmed the conviction. State v. Milano, 297 N.C. 485, 256 S.E.2d 154 (1979). The district court granted the petitioner's application for a writ of habeas corpus. We reverse.

The district court held that the exclusion...

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