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FOSTER v. WATKINS

No. C-C-75-261.

423 F.Supp. 53 (1976)

Willie FOSTER, Jr., Petitioner, v. E. C. WATKINS, Superintendent, Stanly County Department of Correction, and the State of North Carolina, Respondents.

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

November 8, 1976.

Attorney(s) appearing for the Case

Michael P. Carr, Charlotte, N.C., for petitioner.

Richard N. League, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., for respondents.

ORDER

McMILLAN, District Judge.

Willie Foster, Jr., was tried before a jury in Mecklenburg County, North Carolina, Superior Court in February, 1973, and was found guilty of burglary in the first degree and was sentenced to life imprisonment.

He seeks a new trial based on prejudicial cross-examination by the prosecuting attorney with reference to unproved crimes.

State remedies have been exhausted.

The evidence for the prosecution...

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