370 P.2d 822

#### Harry D. SMITH, Petitioner, v. Harold A. COX, Warden.

No. 7079.

Supreme Court of New Mexico.

April 26, 1962.

COMPTON, Chief Justice, and CARMODY and CHAVEZ, Justices, concurring; MOISE and NOBLE, Justices, not participating.

ORDERED that the request for free process be and the same is hereby granted, and the petition for writ of habeas corpus he and the same is hereby denied for the reason that the facts alleged do not warrant the issuance of writ.