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PECE v. COX

No. 8105.

354 F.2d 913 (1965)

Cecil Alvin PECE, Appellant, v. Harold A. COX, Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

December 23, 1965.

Attorney(s) appearing for the Case

Charles E. Graves, Cheyenne, Wyo., for appellant.

L. D. Harris, Special Asst. Atty. Gen. (Boston E. Witt, Atty. Gen., on the brief), for appellee.

Before PHILLIPS, LEWIS and HILL, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an appeal by Pece, confined under sentence of a New Mexico state court, from an order dismissing his application for a writ of habeas corpus.

Pece was arrested in Salt Lake City, Utah, on March 26, 1961, and transported to Roswell, New Mexico. A complaint charging him with rape was filed with a justice of the peace for Precinct One, Chaves County, New Mexico. On July 2, 1961, Pece was taken before the justice of the peace....

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