376 P.2d 54

#### Harry D. SMITH, Petitioner, v. The PEOPLE of the State of New Mexico et al., Respondents.

No. 5 HC.

Supreme Court of New Mexico.

Nov. 8, 1962.

COMPTON, Chief Justice, and CARMODY, CHAVEZ, MOISE 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 be and the same is hereby denied for the reasons that the function of writ of habeas corpus is not to review the record for errors of the trial court and the petition states no facts showing petitioner is unlawfully deprived of his liberty.