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DELGADO v. PAGAN CANCEL

No. 6615.

363 F.2d 105 (1966)

Gerardo DELGADO, Warden, Respondent, Appellant, v. Leoncio PAGAN CANCEL, Petitioner, Appellee.

United States Court of Appeals First Circuit.

Decided July 8, 1966.

Attorney(s) appearing for the Case

Irene Curbelo, Asst. Sol. Gen., with whom J. B. Fernandez Badillo, Sol. Gen., was on brief, for appellant.

Santos P. Amadeo, Rio Piedras, P. R., with whom Julio Rodriguez, Jr., Richard Ramos Algarin, Santurce, Guillermo Bird Martinez and Jose Enrique Amadeo Navas, were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

This is a petition for habeas corpus seeking to vacate a conviction by the Commonwealth of Puerto Rico on the ground of unconstitutional use of a confession. As one basis for its decision the district court, finding that at the time he confessed petitioner had not been supplied with counsel, held that Escobedo v. State of Illinois, 1964, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977, governed and was to be retrospectively...

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