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GUERRA v. RODRIGUEZ

No. 9073.

372 F.2d 472 (1967)

Marcelino GUERRA, Appellant, v. Felix RODRIGUEZ, Acting Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

February 14, 1967.

Attorney(s) appearing for the Case

Arthur H. Coleman, 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., on the brief), for appellee.

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

WESLEY E. BROWN, District Judge.

This is an appeal from a denial of appellant Guerra's petition for a writ of habeas corpus. Guerra contends that his constitutional rights were violated because he was denied a preliminary hearing and that there was not a valid judgment and sentence or record thereof in state court proceedings.

In 1945, Guerra was charged with carnal knowledge of a child under the age of ten, to which...

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