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SALAZAR v. RODRIGUEZ

Nos. 9052, 9053.

371 F.2d 726 (1967)

Johnny D. SALAZAR, Appellant, v. Felix RODRIGUEZ, Acting Warden, New Mexico State Penitentiary, Appellee. Joe M. LUCERO, Appellant, v. Felix RODRIGUEZ, Acting Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

January 19, 1967.

Attorney(s) appearing for the Case

Ruben Rodriguez, Santa Fe, N. M., for appellant Salazar.

Melvin T. Yost, Santa Fe, N. M., for appellant Lucero.

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

Before PICKETT and SETH, Circuit Judges, and BROWN, District Judge.

PICKETT, Circuit Judge.

The appellants, Salazar and Lucero, are serving in the New Mexico State Penitentiary, sentences of three years to life, which followed their pleas of guilty to murder in the second degree. These appeals are from orders denying petitions for habeas corpus filed in the United States District Court for the District of New Mexico. They present identical questions and have been consolidated for disposition.

On February 9, 1963, Salazar and...

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