OPINION
WOOD, Judge.
By order of our Supreme Court, compiled as § 21-2-2, N.M.S.A. 1953 (Supp. 1969), the rules of practice and procedure in the Supreme Court are made applicable to the Court of Appeals, where pertinent. The rules pertinent here, and with which this opinion is primarily concerned, are paragraphs (1), (2) and (4) of Supreme Court Rule 12 [§ 21-2-1(12), N.M.S.A. 1953 (Supp. 1969)] and paragraph (4) of Supreme Court Rule 16 (§...
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