362 P.2d 528

#### Howard L. MILLER, Petitioner, v. PEOPLE of the State of New Mexico, Respondent.

No. 6982.

Supreme Court of New Mexico.

June 14, 1961.

COMPTON, Chief Justice, and CARMODY, MOISE, CHAVEZ and NOBLE, Justices, concurring.

Ordered that the request for free process be and the same is hereby granted, and the petition for writ of habeas corpus is. denied for the reason this Court will not determine the policy of the Board of Commissioners of the State Penitentiary.