GALLEGOS v. COX

No. 8544.

358 F.2d 703 (1966)

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

United States Court of Appeals Tenth Circuit.

March 25, 1966.


Attorney(s) appearing for the Case

Thomas A. Donnelly, Santa Fe, N. M., for appellant.

L. D. Harris, Special Asst. Atty. Gen. (Boston E. Witt, Atty. Gen., State of New Mexico, with him on the brief), for appellee.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.


BREITENSTEIN, Circuit Judge.

After a hearing at which appellant-petitioner appeared with counsel and testified in his own behalf, the district court denied habeas corpus relief to appellant who is serving a life term in the New Mexico penitentiary on his 1952 plea of guilty to the rape of a girl five years and nine months of age.

The information to which appellant made his plea is said to be so vague and indefinite as to violate the requirements of due process...

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