Thomas Stem v. Robert Turner, Warden, Successor to K. B. Bailey, Central Prison, Raleigh, North Carolina

WINTER, Circuit Judge:

Habeas corpus relief was denied by the district judge, without hearing, but after obtaining most of the records of appellant’s trial and appellant’s attempts at state post-conviction relief. Because we think the district judge should have granted a plenary hearing, we will vacate the judgment and remand the case for further proceedings, in accordance with the views expressed herein.

Upon his plea of not guilty, appellant was convicted of assault on a female, with intent to rape, upon a nine-year-old child, and sentenced to a term of fifteen years. 1 The crime was…