The sentence was imposed in 1952.  Appellant asserts that his conviction was premised upon a confession admitted during the trial which was involuntary as a matter of law.  The district court found that the confession was voluntary as a matter of fact.


2
On December 25, 1951, appellant walked into the police station at Artesia, New Mexico, and stated that he had shot and killed a man.  At such time he was intoxicated and was immediately arrested as drunk and disorderly.  On December 26, he was taken before a justice of the peace and received a sentence of six days.  Upon being questioned as to his statement concerning the killing, appellant retracted but agreed to submit to a lie detector test.  The test wasimmediately given and was followed on December 27 by an interrogation of appellant after injections of sodium pentothal.  On December 28, appellant confessed in detail to participation with others in a robbery during the course of which a Mexican National was killed by a co-participant.  At the time of his confession appellant was without counsel.  There is no evidence that he was affirmatively denied such right.  Compare Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977.  He was represented by competent counsel at all stages of his actual trial.


3
At the evidentiary hearing before the court below, appellant's principal contention was that he was coerced into submission to injections of sodium pentothal on December 27 and was still under