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DAVIS v. STATE OF NORTH CAROLINA

Civ. No. 1302.

221 F.Supp. 494 (1963)

Elmer DAVIS, Jr. v. STATE OF NORTH CAROLINA.

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

September 10, 1963.

Attorney(s) appearing for the Case

Charles V. Bell, W. B. Nivens, Calvin L. Brown, Charlotte, N. C., for petitioner.

T. Wade Bruton, Atty. Gen. of North Carolina, Raleigh, N. C. (Harry W. McGalliard and James F. Bullock, Asst. Attys. Gen. of Atty. Gen.'s Staff at Hearing), Kenneth R. Downs, Charlotte, N. C., for respondent.

BUTLER, Chief Judge.

This is an application for a writ of habeas corpus on behalf of Elmer Davis, Jr., now confined in the State Prison at Raleigh, North Carolina, under a sentence of death imposed by the Superior Court of Mecklenburg County, North Carolina, upon the applicant's conviction of murder while perpetrating the crime of rape.

The basis of the application is the admission of a confession in the state...

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