MORALES v. RODRIGUEZ

No. 9075.

373 F.2d 15 (1967)

Faustino S. MORALES, Appellant, v. Felix RODRIGUEZ, Acting Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

February 15, 1967.


Attorney(s) appearing for the Case

John D. Donnell, Santa Fe, N. M., for appellant.

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

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


PER CURIAM.

The appellant is an inmate of the New Mexico State Penitentiary, where he is confined on a sentence of three to ninety-nine years for second degree murder. He filed a petition with the United States District Court for a writ of habeas corpus. A hearing was held with the petitioner and his attorney present. The petition was dismissed and this appeal followed.

The sole issue on appeal is whether a confession, signed by appellant and admitted against...

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