368 P.2d 911

#### J. James ROGERS, Petitioner, v. Harold A. COX, Superintendent of New Mexico State Penitentiary, Respondent.

No. 7002.

Supreme Court of New Mexico.

March 1, 1962.

COMPTON, Chief Justice, and CAR-MOD Y and MOISE, Justices, concurring; NOBLE, Justice, not participating.

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 failure of the petitioner to exhaust his remedy in district court.