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ANAYA v. BAKER

No. 664-69.

427 F.2d 73 (1970)

Leo ANAYA, Petitioner-Appellant, v. J. E. BAKER, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 22, 1970.

Attorney(s) appearing for the Case

Thomas T. Crumpacker, Denver, Colo., for appellant.

Joseph F. Baca, Sp. Asst. Atty. Gen., Albuquerque, N. M. (James A. Maloney, Atty. Gen., Santa Fe, N. M., on the brief), for appellee.

Before MURRAH, Chief Judge, and HILL and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

On February 24, 1964, Anaya was indicted by a state Grand Jury for violation of the statutes prohibiting the sale and possession of marijuana. He was extradicted from California and brought before the New Mexico court for arraignment on April 17, 1964. Anaya was without counsel and requested that counsel be appointed. The trial court; after questioning Anaya briefly concluded he was not a pauper and refused to appoint counsel for him despite...

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