MEMORANDUM OF DECISION
McMILLAN, District Judge.
Johnny Mack Thacker, petitioner, was tried in Mecklenburg County, North Carolina, Superior Court in February, 1969, on charges of safecracking, in violation of N.C. G.S. § 14-89.1. The jury found him guilty, and he was sentenced by the presiding judge, the late Judge B. T. Falls, to serve 48 to 50 years in the state prison.
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