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KEZIAH v. BOSTIC

No. C-C-75-159.

452 F.Supp. 912 (1978)

Robert D. KEZIAH, Petitioner, v. O. M. BOSTIC and the State of North Carolina, Respondents.

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

June 29, 1978.

Attorney(s) appearing for the Case

Jerome Paul, Durham, N. C., and Michael A. Sheely, Charlotte, N. C., for petitioner.

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

MEMORANDUM OF DECISION AND ORDER

McMILLAN, District Judge.

Robert D. Keziah seeks habeas corpus relief from a two-year prison sentence imposed pursuant to his conviction in Union County Superior Court on a charge of assaulting a highway patrolman. Petitioner alleges that the fracas with the officer arose out of an illegal search and arrest; that he had a right to resist the attempted arrest; and that a conviction in the circumstances violates his constitutional...

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