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Concurring Opinion

United States Supreme Court

404 U.S. 226

Britt  v.  North Carolina

 Argued: Oct. 14, 1971. --- Decided: Dec 13, 1971


Petitioner was convicted of murder a month after his previous trial had ended with a hung jury. Both trials took place in a small town before the same judge and with the same counsel and court reporter, who (as was conceded) was well known to defense counsel and other local lawyers and would have read back his notes to defense counsel before the second trial had he been asked to do so. Between the two trials petitioner, alleging indigency, filed a motion for a free transcript, which the trial court denied. The appellate court affirmed the conviction, holding that an adequate alternative to the transcript was available. Held: In the narrow circumstances of this case, a transcript was not needed for petitioner's defense. Pp. 227-230.

8 N.C.App. 262, 174 S.E.2d 69, affirmed.

Robert G. Bowers, New Bern, N.C., for petitioner.

Christine Y. Denson, Raleigh, N.C., for respondent.

Mr. Justice MARSHALL, delivered the opinion of the Court.


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).