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The two argued, and later there was a confrontation in the parking lot. Elliott beat Orozco about the face and called him "Mexican Grease. Immediately after the incident, Orozco returned to his boardinghouse and went to bed.
At about A. An unidentified female admitted them and told them that Orozco was asleep in his room. The officers entered Orozco's room and began questioning him.
They later explained at trial that they were not about to let Orozco go, and that they had informed him that he was under arrest. Upon additional questioning, he told police that he owned a gun and that he had hidden it in the boardinghouse washing machine. Police retrieved the weapon. Ballistics tests confirmed that it was the same gun used in the killing. Orozco's trial was held after the effective date of the Supreme Court's ruling in Miranda v.
Arizona Over objections by the defense, the trial court judge allowed testimony about Orozco's statements made the night the police visited his boardinghouse. Orozco was convicted of murder without malice and sentenced to not less than two or more than ten years in prison. He appealed his conviction on the grounds that he had not been informed of his rights prior to his interrogation. The trial testimony clearly shows that the officers questioned petitioner about incriminating facts without first informing him of his right to remain silent, his right to have the advice of a lawyer before making any statement, and his right to have a lawyer appointed to assist him if he could not afford to hire one.