Vester v. Lewis

MEMORANDUM OPINION AND ORDER

BUTLER, Senior District Judge.

Petitioner, a state prisoner, has filed an application for a writ of habeas corpus. Petitioner was tried at the October 1973 Session of the Superior Court of Wilson County upon a bill of indictment charging two offenses in violation of state laws: (1) breaking and entering with intent to commit a felony, and (2) larceny. He was convicted by a jury of breaking and entering with intent to commit a felony, and sentenced to a term of imprisonment of five (5) to seven (7) years. The larceny charge was dismissed by the presiding judge at the…