470 P.2d 309

#### STATE of New Mexico, Plaintiff-Respondent, v. Wendell D. GUNTHORPE, Defendant-Petitioner.

No. 9050.

Supreme Court of New Mexico.

May 12, 1970.

COMPTON, Chief Justice, and TACKETT, SISK and McKENNA, Justices, concurring.

WATSON, Justice,

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 Cause No. 374, 81 N.M. 515, 469 P.2d 160, be and the same is hereby returned to the Clerk of the Court of Appeals.