JUSTUS v. STATE OF NEW MEXICO

No. 9063.

378 F.2d 344 (1967)

Milton Carl JUSTUS, Appellant, v. STATE OF NEW MEXICO, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 27, 1967.


Attorney(s) appearing for the Case

G. Stanley Crout, Santa Fe, N. M., for appellant.

L. D. Harris, Special 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.


PER CURIAM.

The appellant is a prisoner in the New Mexico State Penitentiary, having been convicted in 1954. He filed a petition for a writ of habeas corpus with the United States District Court. An attorney was appointed, and an evidentiary hearing was held. The appellant then took this appeal which is concerned primarily with the voluntary nature of a confession.

Appellant asserts that his initial confession, a...

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