Cleo F. Byrd v. Howard M. Comstock

Petitioner, a California state prisoner, appeals from an order denying his petition for writ of habeas corpus. Petitioner and a co-defendant, who were represented by the same attorney, were convicted of robbery after joint trial before a judge sitting without a jury.

Petitioner’s claims arise from use at trial, without objection, of a statement given to the police by petitioner’s co-defendant.

Petitioner complains that the record does not establish that his co-defendant was given the warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) before her statement…