LORNA E. LOCKWOOD, Superior Court Judge.
Appellant, Leroy Williams (hereinafter referred to as Williams or defendant), appeals from denial of his application for release from custody upon a writ of habeas corpus. Williams had been charged with first degree murder by complaint filed by the county attorney of Pima County, and a preliminary hearing was held on April 26, 1957, before a magistrate, who held Williams to answer on a charge of second degree murder.
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