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SMITH v. STATE OF NORTH CAROLINA

Civ. No. C-C-72-129.

355 F.Supp. 217 (1973)

John Edward SMITH, Petitioner, v. STATE OF NORTH CAROLINA, Respondent.

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

February 23, 1973.

Attorney(s) appearing for the Case

Barry M. Storick, Charlotte, N. C., for petitioner.

Robert Morgan, Atty. Gen., and Richard N. League, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, N. C., for respondent.

ORDER

McMILLAN, District Judge.

John Edward Smith, by motion of October 23, 1972, alleged in substance that North Carolina prison authorities extended his prison sentence because he successfully petitioned this court for credit on his sentence for time spent in prison awaiting the outcome of his appeal to the North Carolina appellate courts.

Because the record was by no means clear nor understandable, a hearing and conference were conducted on February...

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