SOBOTA v. COX

No. 8237.

355 F.2d 368 (1966)

Mitchell SOBOTA, Appellant, v. Harold A. COX, Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

January 3, 1966.


Attorney(s) appearing for the Case

E. Michael Canges, Denver, Colo., for appellant.

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

Before PHILLIPS, LEWIS and HILL, Circuit Judges.


PER CURIAM.

Appellant, who is serving a sentence in the New Mexico State Penitentiary of not more than twenty-five years, appeals from a dismissal of his petition for a writ of habeas corpus.

Sobota attacks his judgment of conviction and sentence in the state court because (1) he was denied counsel before the magistrate prior to acknowledging his guilt of the offense charged and waiving a preliminary hearing, and (2) he did not voluntarily and understandingly...

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