Legal Opinion

Golden Frinks v. State of North Carolina, George Kirby v. State of North Carolina

Court of Appeals for the Fourth Circuit

Decided October 4, 1972No. 71-2125, 72-1202PublishedCited by 4 opinions

1Opinion of the Court

CRAVEN, Circuit Judge:

Golden Frinks and George Kirby appeal from orders of the United States District Court for the Eastern District of North Carolina, 333 F.Supp. 169, remanding to the North Carolina courts prosecutions against them which they had removed to the federal court pursuant to 28 U.S.C.A. § 1443(1). We think the district court correctly found that their petitions did not allege facts sufficient to sustain removal, or to require a hearing on removability, and affirm.

Frinks and Kirby are charged by the State of North Carolina with engaging *641in a riot in violation of N.C.G.S. §…

2Cases cited5 opinions

  1. City of Greenwood v. PeacockSupreme Court of the United States · 1966
  2. Georgia v. RachelSupreme Court of the United States · 1966
  3. Hamm v. City of Rock HillSupreme Court of the United States · 1964
  4. Ben Achtenberg, Sandra Adickes, Thomas L. Edwards, William D. Jones and Susan B. Patterson v. State of MississippiCourt of Appeals for the Fifth Circuit · 1968
  5. Frinks v. North CarolinaDistrict Court, E.D. North Carolina · 1971

3Cited by4 opinions

  1. Bar Association of Baltimore City v. PosnerDistrict Court, D. Maryland · 1975
  2. North Carolina v. MitchellDistrict Court, E.D. North Carolina · 2014
  3. Golden Frinks v. State of North Carolina, George Kirby v. State of North CarolinaCourt of Appeals for the Fourth Circuit · 1972
  4. Town of Newburgh, New York v. Newburgh EOM LLCDistrict Court, S.D. New York · 2025

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