Pete Tapia, No. 21097 v. Felix Rodriguez, Warden

BARRETT, Circuit Judge.

This is an appeal from denial of habe-as corpus relief wherein Pete Tapia, a prisoner of the State of New Mexico, seeks to collaterally attack his 1967 conviction, following trial by jury, for commission of the crime of armed robbery.

Tapia was found guilty of having robbed one Louis Quintana, an employee of Foodway Store, Albuquerque, at a liquor drive-in window section of the store at about 9:40 p. m. on the evening of April 28, 1967.

Quintana testified: Two men, each armed with guns, approached the well-lighted drive-in window; he was able only to identify Tapia, who…