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STATE OF NORTH CAROLINA v. ALBERT (ALTON) E. BARNES.

The defendant applied for and was granted a writ of certiorari by the Supreme Court of the United States. AT its October Term, 1963, that Court ordered that the judgment of this Court of April 16, 1963, denying certiorari, be vacated and ". . . this cause be remanded to the Supreme Court of North Carolina for further consideration in the light of Gideon v. Wainwright, 372 U.S. 335."

PER CURIAM.

After further review upon the application of the above named defendant, this Court concludes the defendant's constitutional rights as defined by the Supreme Court of the United States in Gideon v. Wainwright were not afforded him at his trial at the October Term, 1961, in the Superior Court of Onslow County. The verdict of guilty and the judgment of imprisonment thereon are, therefore, set aside and a new trial is ordered.

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STATE v. BARNES
(Dec 1, 1963)