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APPLICATION OF FAUST

Civ. No. 1337.

202 F.Supp. 205 (1962)

Application of Mellott FAUST for a Writ of Habeas Corpus.

United States District Court E. D. North Carolina, Raleigh Division.

February 15, 1962.

Attorney(s) appearing for the Case

Charles V. Bell, Charlotte, N. C., and P. H. Bell, Plymouth, N. C., for petitioner.

T. W. Bruton, Atty. Gen. of North Carolina, Ralph Moody and Harry W. McGalliard, Asst. Attys. Gen., for respondent.

LARKINS, District Judge.

This is a petition for a Writ of Habeas Corpus submitted by a prisoner being held in the custody of the North Carolina State Prison Department in Central Prison, Raleigh, North Carolina. He was convicted of murder in the first degree in the death of a police officer. In his petition it is alleged that the failure of the trial court to grant a non-suit as to first degree murder at the close of the presentation of the State's case, and the failure...

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