Francisco Gallegos v. Harold A. Cox, Warden, New Mexico State Penitentiary

BREITENSTEIN, Circuit Judge.

After a hearing at which appellant-petitioner appeared with counsel and testified in his own behalf, the district court denied habeas corpus relief to appellant who is serving a life term in the New Mexico penitentiary on his 1952 plea of guilty to the rape of a girl five years and nine months of age.

The information to which appellant made his plea is said to be so vague and indefinite as to violate the requirements of due process. At the time of the of fense New Mexico had two pertinent statutes. N.M.S.A. 1941 Comp. § 41-3901 covers rape of a female under the age…