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NAZARIO NIEVES v. DELGADO

No. 74-1039.

514 F.2d 413 (1975)

Arsenio NAZARIO NIEVES a/k/a Arsenio Nazario Martinez, Petitioner-Appellant, v. Gerardo DELGADO, Warden, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided March 5, 1975.

Attorney(s) appearing for the Case

Santos P. Amadeo, Rio Piedras, P. R., with whom Jose Enrique Amadeo, Rio Piedras, P. R., was on brief, for petitioner-appellant.

Lirio Bernal Sanchez, Asst. Sol. Gen., with whom Miriam Naveira De Rodon, Sol. Gen., San Juan, P. R., was on brief, for respondent-appellee.

Before COFFIN, Chief Judge, ALDRICH and McENTEE, Circuit Judges.

ALDRICH, Senior Circuit Judge.

Only with difficulty do we perceive through the constant reiteration of petitioner's conclusory statement that the Puerto Rico prosecuting attorney is "an arm of the committing magistrate" and "a one man grand jury," the basic facts from which that conclusion is sought to be drawn. Petitioner in September, 1962, knife in hand, approached a policeman and confessed to killing a minor government official. Subsequently, after being warned...

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