Cozzie, Merrill Jones v. Frank A. Eyman, Superintendent of the Arizona State Penitentiary

This is an appeal in forma pauperis from a denial of a petition for a writ of habeas corpus in the district court. Jurisdiction below rested on 28 U.S.C.A. § 2241 (c) (3). Jurisdiction here rests on 28 U.S.C.A. § 2107 .

This is also a capital case, appellant having entered a plea of guilty to a charge of first degree murder, and having been sentenced to death.

The appendix attached to the appellant’s opening brief is stricken.

This matter has gone through the state courts of Arizona. The death sentence was affirmed by the Supreme Court of Arizona. State v. Jones, 95 Ariz. 4 , 385 P.2d 1019 (1963), rehearing denied November 19, 1963, cert. denied October 12, 1964, sub nom. Jones v. Eyman, 379 U.S. 852 , 85 S.Ct. 97 , 13 L.Ed.2d 55 .

The appellant made a statement at 4:00 A.M. on December 8, 1962, the day after the homicide. In this statement he admitted shooting and killing the victim, but contended he did it because the victim was attacking him with a hammer. This statement was taken without an attorney present, although appellant requested the aid of an attorney. Three days later he made a second statement, again without the advice of an attorney, although he again requested…