(Download) "State v. Staten" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Staten
- Author : Supreme Court of New York
- Release Date : January 18, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
On 24 April 1967 defendant instituted a proceeding in the Superior Court of Mecklenburg County to review the constitutionality of his trial, pursuant to G.S. 15-217. This petition came on to be heard before Bailey, J., presiding at the 12 June 1967 Regular Schedule "C" Criminal Session of the Superior Court of Mecklenburg County. Defendant was represented by A. Marshall Basinger, a member of the Mecklenburg County Bar, who was appointed by the court to represent defendant who was an indigent. At the hearing defendant testified at length. We have a transcript of his testimony before us. After listening to the testimony, Judge Bailey entered a judgment in substance as follows: That the petitioner was tried at the 8 April 1963 Regular Criminal Session of the Superior Court of Mecklenburg County; that he was represented at said trial by Elbert Foster, who had been appointed by the court to represent him and who also represented him at the preliminary hearing; that petitioner entered a plea of not guilty, and was found guilty of manslaughter by a jury and sentenced to a term of 15 years in prison, which he is now serving; that the petitioner attempted to give notice of appeal and appeal his case to the Supreme Court and was not able to do so, and that in this there was a substantial denial of his right to appeal secured to him by the Constitution of the State of North Carolina. Based upon said findings, Judge Bailey adjudged that the petitioner shall be allowed to appeal to the Supreme Court of the State of North Carolina; that the County of Mecklenburg shall provide him with a transcript of his trial at the 8 April 1963 Regular Criminal Session; that he shall be allowed to perfect said appeal in forma pauperis, and A. Marshall Basinger was appointed to represent said petitioner and to perfect his appeal. The transcript
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