444 P.2d 776

#### Jerry NOLL, Petitioner, v. J. E. BAKER, Warden of the New Mexico State Penitentiary and Bennie Naranjo, Sheriff of Rio Arriba County, Respondents.

No. 8737.

Supreme Court of New Mexico.

Sept. 19, 1968.

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

Ordered that the writ of habeas corpus issued herein on September 17, 1968, he and the same is hereby quashed as to J. E. Baker, Warden.

Further ordered that the Writ of Habeas Corpus issued herein be and the same is hereby made permanent in all other re spects.