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PERKINS v. STATE OF NORTH CAROLINA

Civ. No. 2234.

234 F.Supp. 333 (1964)

Max Doyle PERKINS, Petitioner, v. STATE OF NORTH CAROLINA, Respondent.

United States District Court W. D. North Carolina, Asheville Division.

Decided October 5, 1964.

Attorney(s) appearing for the Case

William Haywood Bobbitt, Jr., Charlotte, N. C., and James P. Erwin, Jr., Asheville, N. C., for petitioner.

Theodore C. Brown, Jr., Staff Atty., Office of Atty. Gen. of North Carolina, Raleigh, N. C., for respondent.

CRAVEN, Chief Judge.

On January 8, 1962, Max Doyle Perkins and Robert Eugene McCorkle were jointly indicted by the grand jury of Mecklenburg County, North Carolina. It was charged that they "did unlawfully, willfully, maliciously and feloniously commit the abominable and detestable crime against nature with each other." McCorkle pleaded nolo contendere, received a sentence of five to seven years, served a portion of it, and has been released. Perkins, after conviction...

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