District Court, W.D. North Carolina August 8, 1972, C-C-72-129 (Smith v. State of North Carolina)

ORDER

McMILLAN, District Judge.

Once more the court is faced with a habeas corpus petition by a North Carolina prisoner asking the court to require the State to recognize his right under the 1969 case of Cole v. North Carolina, 419 F.2d 127 (4th Cir. 1969), and award him credit on his sentence for time spent in jail after his conviction and before his appeal was determined.