PECE v. COX

No. 7750.

396 P.2d 422 (1964)

74 N.M. 591

Cecil Alvin PECE, Petitioner, v. Harold A. COX, Warden, New Mexico State Penitentiary, Respondent.

Supreme Court of New Mexico.

November 2, 1964.


Attorney(s) appearing for the Case

Myles E. Flint, Santa Fe, for petitioner.

Earl E. Hartley, Atty. Gen., Jay F. Rosenthal, Asst. Atty. Gen., Santa Fe, for respondent.


PER CURIAM.

The only new issue presented in this case and not passed upon in previous habeas corpus proceedings is related to whether petitioner's statement or confession introduced at his trial, had been ruled to have been voluntarily given by the trial judge before it was admitted in evidence, or did the trial judge leave this issue to the jury.

Petitioner relies on Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed...

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