In re Walker v. Boies

UDALL, Vice Chief Justice. On motion for rehearing of this case certain questions were raised with reference to our discussion of petitioner’s third contention dealing with the issuance of a subpoena duces tecum. A discussion of that issue — which pertained to the issuance of the subpoena in support of petitioner’s claimed right to be released from custody on a writ of habeas corpus — was not pertinent nor material to a determination of this case. Therefore, that part of our original opinion which discusses that issue should be disregarded as withdrawn. Motion for rehearing denied. BERNSTEIN, C. J., and STRUCK-MEYER, JENNINGS and LOCKWOOD, JJ., concur.