355 P.2d 679

#### Harry D. SMITH, Petitioner, v. Felix RODRIGUEZ and Harold A. Cox, The People of the State of New Mexico, Respondents.

No. 6775.

Supreme Court of New Mexico.

May 13, 1960.

McGHEE, Chief Justice, and COMPTON, CARMODY, MOISE and CHAVEZ, Justices,

concurring.

Ordered that the petition for writ of habeas corpus and petition for writ of mandamus filed herein be and they are hereby denied as being moot.