HERRERA v. COX

No. 8546.

358 F.2d 942 (1966)

James J. HERRERA, Appellant, v. Harold A. COX, Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

March 30, 1966.


Attorney(s) appearing for the Case

Henry Heyman, Santa Fe, N. M., for appellant.

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

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.


SETH, Circuit Judge.

Appellant is a prisoner in the New Mexico State Penitentiary, having been tried and convicted by a jury for the crime of armed robbery. The trial court held a hearing on the petition, found no violation of appellant's rights under the United States Constitution, and dismissed the petition.

This appellant was tried by the state court with a codefendant by the name of John A. Olguin. We considered...

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