378 P.2d 137

#### Bruce H. MILLER, Petitioner, v. The FIRST JUDICIAL DISTRICT COURT of New Mexico and Albert Gonzales, Attorney, et al., Respondents.

No. 21 HC.

Supreme Court of New Mexico.

Feb. 4, 1963.

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

Ordered that the request for free process be and the same is hereby granted, and the petition for writ of mandamus be and the same is hereby denied as petition is premature as counsel for petitioner has been preparing case for trial.