UPSHAW v. COX

No. 8320.

356 F.2d 419 (1966)

Lucious UPSHAW, Appellant, v. Harold A. COX, Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

January 25, 1966.


Attorney(s) appearing for the Case

Kent F. Frates, Oklahoma City, Okl., for appellant.

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

Before PICKETT, LEWIS and HILL, Circuit Judges.


PER CURIAM.

Appellant, presently confined to the New Mexico State Penitentiary, appeals from a denial of his petition for a writ of habeas corpus. He raises two points: (1) That his waiver of counsel in the state district court was coerced; and (2) that he did not intelligently and understandingly waive the assistance of counsel.

The first point was not raised in the petition filed below nor presented in any other fashion to the trial court. It is raised here...

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