Per Curiam.
Petitioner urges his right to release on two grounds: First, that he was denied counsel at his preliminary hearing, and, second, that he is being subjected to cruel and unusual punishment.
The refusal to appoint counsel at the preliminary hearing does not infringe the constitutional rights of an accused. Such a hearing is preliminary in nature, and no rights or defenses are concluded therein. Smith v. Maxwell, Warden,
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