Legal Opinion

Foster v. Barbour

District Court, W.D. North Carolina

Decided October 17, 1978No. C-C-78-101Published

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

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Bouie v. City of ColumbiaSupreme Court of the United States · 1964
  3. Marks v. United StatesSupreme Court of the United States · 1977
  4. Dobbert v. FloridaSupreme Court of the United States · 1977
  5. Beazell v. OhioSupreme Court of the United States · 1925

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API