MILLER v. COX

No. 8641.

364 F.2d 814 (1966)

Howard Taft MILLER, Appellant, v. Harold A. COX, Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

August 11, 1966.


Attorney(s) appearing for the Case

Jack T. Klauck, Denver, Colo., for appellant.

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

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.


PER CURIAM.

Appellant Miller, a prisoner in the New Mexico penitentiary, is serving a life sentence imposed in 1950 after a jury verdict finding him guilty of murder in the first degree. On his petition for federal habeas corpus the district court held an evidentiary hearing and denied relief.

The claim is that he was not afforded counsel prior to police interrogation and that a coerced confession was used against him at his state court trial. The first point...

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