Opinion
No. 11044.
Argued June 20, 1967.
Decided August 29, 1967.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh; John D. Larkins, Jr., Judge.
Arthur Vann, Durham, N.C., for appellant.
Theodore C. Brown, Jr., Raleigh, N.C., Staff Attorney, North Carolina (T. Wade Bruton, Atty. Gen. of North Carolina, on brief), for appellees.
Before BOREMAN, BRYAN, and WINTER, Circuit Judges.
Lexy Lee Hamilton was indicted in Nash County, North Carolina, on three counts: (1) for breaking, entering and larceny, (2) for safebreaking, and (3) for attempted safebreaking. He was tried jointly with his two brothers before a jury and was convicted and sentenced on the first two counts. His conviction was affirmed by the North Carolina Supreme Court, 264 N.C. 277, 141 S.E.2d 506 (1965); and his petition for certiorari was denied by the United States Supreme Court, 384 U.S. 1020, 86 S.Ct. 1936, 16 L.Ed.2d 1044 (1966). He now appeals from the denial by the District Court of his petition for a writ of habeas corpus without a hearing.
260 F. Supp. 632 (E.D.N.C., 1966).
Upon consideration of the District Court's careful and analytical opinion, the record, the briefs and the argument of counsel, we find no reversible error and conclude that the judgment below must be affirmed.
Affirmed.