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GALLEGOS v. COX

No. 7902.

341 F.2d 107 (1965)

Salvador GALLEGOS, Appellant, v. Harold A. COX, Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

January 19, 1965.

Attorney(s) appearing for the Case

Robert A. Backus, of Schmidt & Van Cise, Denver, Colo., for appellant.

L. D. Harris, Sp. Asst. Atty. Gen., for State of New Mexico (Earl E. Hartley, Atty. Gen., of State of New Mexico, on the brief), for appellee.

Before PICKETT, LEWIS and SETH, Circuit Judges.

PER CURIAM.

The appellant Gallegos is confined in the New Mexico State Penitentiary pursuant to a sentence imposed for the unlawful sale of marihuana. After exhausting his remedies in state court, he brought this habeas corpus proceeding in the United States District Court for the District of New Mexico, alleging that the sentence is invalid because he had not been furnished counsel at a preliminary hearing and later upon arraignment in the District Court of McKinley...

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