370 P.2d 908

#### Bill HODGE, Petitioner v. Harold A. COX, Warden of the New Mexico, State Penitentiary, and The State of New Mexico et al., Respondents.

No. 7120.

Supreme Court of New Mexico.

May 2, 1962.

COMPTON, Chief Justice, and CARMODY and CHAVEZ, Justices, concur-: ring; 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 is denied-for the reason that the petitioner has nob exhausted his remedy in the district court.