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BURGESS v. GRIFFIN

No. 84-6287.

743 F.2d 1064 (1984)

Albert Charles BURGESS, Jr., Appellee, v. J.H. GRIFFIN, Superintendent of McCain Prison Unit and the State of North Carolina, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 20, 1984.

Attorney(s) appearing for the Case

Barry S. McNeill, Asst. Atty. Gen. (Rufus L. Edmisten, Atty. Gen. of N.C., Raleigh, N.C., on brief), for appellants.

Thomas J. Andrews, Durham, N.C., for appellee.

Before PHILLIPS, MURNAGHAN and ERVIN, Circuit Judges.

PER CURIAM:

The State of North Carolina appeals from the district court's grant of Albert Burgess's petition for habeas corpus relief. In January 1979, Albert Burgess, expressly waiving a defective indictment, pled guilty in North Carolina Superior Court to taking indecent liberties with children. After several appearances at sentencing hearings but before sentencing, Burgess fled to South Carolina. After his capture, he was again indicted for taking indecent liberties...

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