Lloyd C. Ashe and Hilliard P. Ashe v. State of North Carolina, and Cherokee County, Murphy, North Carolina

WINTER, Circuit Judge:

In October, 1975, Lloyd C. Ashe and Hilliard P. Ashe were convicted by a jury in the Superior Court of Cherokee County, North Carolina of safecracking and larceny by breaking and entering. After unsuccessful direct appeal and state post-conviction attack, they sought from the district court, but were denied, a federal writ of habeas corpus. We permitted this appeal to consider their claims that they were affirmatively denied the opportunity to address the sentencing court and that a potentially biased juror was allowed to sit on the jury panel. Since both allegations, if…