Superintendent E. C. Watkins v. Willie Foster, Jr.

MOORE, Circuit Judge:

On February 19, 1973, Willie Foster was tried in a North Carolina state court for first degree burglary. The prosecution’s only evidence was a photographic enlargement of a fingerprint matching Foster’s, found on a flowerpot in the burglarized house. The television set, record player, and cash, which were missing from the house, were never recovered. No identification was made of Foster. Foster and his wife both testified that he was at home on the night of the alleged burglary. On cross-examination, the prosecutor asked Foster, in detailed questions, whether he had…