460 P.2d 261

#### STATE of New Mexico, ex rel. J. E. BAKER, Warden of the New Mexico State Penitentiary, Petitioner, v. James M. SCARBOROUGH, District Judge of the First Judicial District, State of New Mexico, Respondent.

No. 8947.

Supreme Court of New Mexico.

Nov. 12, 1969.

MOISE, Acting Chief Justice, and COMPTON, TACKETT and WATSON, Justices, concurring.

Ordered that petition for writ of prohibition be and the same is hereby denied.