Arthur Thomas v. Frank Eyman, Superintendent of the State Prison of Arizona

MATHEWS, Circuit Judge.

On March 16 or 17, 1953, Janie Misko-vich was murdered in Cochise County, Arizona. Thereafter, on March 17, 1953, her body was found, an investigation was made, and appellant, Arthur Thomas, was arrested in Cochise County by Jack Howard, sheriff of that county. On March 18, 1953, the sheriff took appellant before a magistrate — L. T. Frazier, a justice of the peace in Cochise County— for preliminary examination; appellant waived such examination; the magistrate held appellant to answer to the Superior Court of the State of Arizona in and for Cochise County and fixed his…