472 P.2d 383

#### STATE of New Mexico, ex rel. Lee TRIMBLE, Petitioner, v. John B. McMANUS, Jr., District Judge, Respondent.

No. 9068.

Supreme Court of New Mexico.

July 9, 1970.

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

Ordered that the writ of mandamus heretofore issued by this Court on June 10, 1970, be and the same is hereby made permanent, with directions to the respondent to determine the merits of relator’s motion and, on the merits, whether the relief requested should be granted.