Foster v. Barbour
District Court, W.D. North Carolina
1Opinion of the Court
ORDER GRANTING WRIT OF HABEAS CORPUS
McMILLAN, District Judge.
On August 17, 1976, between 8:30 and 9:00 p. m., Jimmy Small, owner of Jimmy’s Market on Old Statesville Road north of Charlotte, was fatally shot during an attempted robbery of his store. In prosecutions arising out of the attempted robbery and killing, the State contended that four persons — Kenneth Charles Martin, Ernest Williams, Annette Boulware, and petitioner David Bernard Foster — jointly planned and participated in the crime.
On January 24, 1977, petitioner was convicted in Mecklenburg County Superior Court on a charge of…
2Cases cited12 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- Marks v. United StatesSupreme Court of the United States · 1977
- Dobbert v. FloridaSupreme Court of the United States · 1977
- Beazell v. OhioSupreme Court of the United States · 1925
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