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AUTRY v. MITCHELL

No. 75-0344-CRT-5.

420 F.Supp. 967 (1976)

Gerald W. AUTRY, on his own behalf and on behalf of all others similarly situated, Plaintiff, v. Burley B. MITCHELL, Jr., District Attorney for the Tenth Judicial District, on behalf of himself and all others similarly situated, Defendant.

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

October 14, 1976.

Attorney(s) appearing for the Case

Norman B. Smith, Smith, Patterson, Follin, Curtis & James, Greensboro, N. C., for plaintiff.

Rufus L. Edmisten, Atty. Gen., Joan H. Byers, and Jack Cozort, Associate Attys., North Carolina Dept. of Justice, Raleigh, N. C., for defendant.

Before CRAVEN, Circuit Judge, LARKINS, Chief District Judge, and DUPREE, District Judge.

MEMORANDUM OF DECISION

CRAVEN, Circuit Judge:

I.

On August 14, 1974, Gerald W. Autry was a fugitive from justice charged with first degree rape, felonious assault, robbery with a dangerous weapon, and assault and battery. Pursuant to N.C.G.S. § 15-48, set out fully in the margin,1 Autry was declared an outlaw. He turned himself in to Wake County law enforcement officers the same day and thereafter brought this...

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