OPINION AND ORDER
HIGGINBOTHAM, District Judge.
The petitioner, Leroy Padgett, after a June, 1965 jury trial, was convicted of second degree murder. Post-trial motions were filed and denied, but no appeal was taken. Padgett subsequently filed a petition under the Post Conviction Hearing Act alleging only that the trial court erred in allowing the introduction into evidence of a statement obtained in the absence of counsel at a time when representation was...
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