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STEWART v. COX

Nos. 7966, 7967.

344 F.2d 947 (1965)

Kenneth Elton STEWART, Appellant, v. Harold A. COX, Warden of the New Mexico State Penitentiary, Appellee. James Floyd LARK, Appellant, v. STATE OF NEW MEXICO, and Harold A. Cox, Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

April 23, 1965.

Attorney(s) appearing for the Case

Daniel H. Polsby, Denver, Colo. (James T. Bayer, Denver, Colo., on the brief), for appellants.

L. D. Harris, Sp. Asst. Atty. Gen., Albuquerque, N. M. (Boston E. Witt, Atty. Gen. of New Mexico, on the brief), for appellees.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.

PER CURIAM.

The appellants, Stewart and Lark, are state prisoners serving sentences in the New Mexico State Penitentiary. Their appeals present identical questions and were consolidated for disposition in this court. They brought separate habeas corpus proceedings in the United States District Court for the District of New Mexico alleging, in substance, that their convictions were void because neither had been represented by counsel when they were brought before a...

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