384 P.2d 135

#### H. Marvin VAUGHN, Petitioner, v. A. K. MONTGOMERY, President, the Corporation, Penitentiary of New Mexico, a New Mexico Corporation, Respondent.

No. 34 HC.

Supreme Court of New Mexico.

Aug. 6, 1963.

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

Ordered that free process be and the same is hereby granted.

Further ordered that the petition for writ of habeas corpus be and the same is hereby denied for petitioner’s failure to exhaust District Court remedy.