#### STATE OF NORTH CAROLINA v. JAMES WILLARD BROADNAX

No. 7117SC586

(Filed 15 September 1971)

On certiorari to review judgment of Bailey, Judge, rendered 3 March 1971 in the Superior Court held in Wake County on return to a writ of habeas corpus.

The Attorney General on behalf of the State filed petition in this Court for a writ of certiorari to review an order entered 3 March 1971 by Judge James H. Pou Bailey after a hearing in Superior Court in Wake County upon return to writ of habeas corpus in which James Willard Broadnax was ordered released from custody. By order of this Court dated 17 May 1971 the application was granted and the writ issued.

Attorney General Robert Morgan by Staff Attorney Edward L. Eatman, Jr., for the State.

Hugh P. Griffin, Jr., for James Willard Broadnax, petitioner in the habeas corpus proceeding.

PARKER, Judge.

The writ of certiorari is dismissed as improvidently granted.

Judges Britt and Morris concur.