444 P.2d 776

#### Fred J. VALDEZ, Respondent, v. Fabian GARCIA, Jr., Petitioner.

No. 8736.

Supreme Court of New Mexico.

Sept. 18, 1968.

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

Ordered that Petition for Writ of Certiorari be and the same is hereby denied.

Further ordered that the record in Court of Appeals, 79 N.M. 500, 445 P.2d 103, be and the same is hereby returned to the Clerk of the Court of Appeals.