HERRING v. RODRIGUEZ

No. 9049.

372 F.2d 470 (1967)

John Fredrick HERRING, Appellant, v. Felix RODRIGUEZ, Acting Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

February 8, 1967.


Attorney(s) appearing for the Case

Claude S. Sena, Santa Fe, N. M., for appellant.

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.


SETH, Circuit Judge.

The appellant was convicted of armed robbery on December 2, 1955, in the District Court of Socorro County, New Mexico, and sentenced to the New Mexico State Penitentiary, where he is now an inmate. No appeal was taken from the judgment and sentence of the state trial court.

Appellant's petition for a writ of habeas corpus in the United States District Court alleges a denial of his constitutional rights in the state trial. Counsel was appointed...

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