In re: Buford McDaniel applying for Remedial Writs of Certiorari, Prohibition, Mandamus and Stay Order.

Not considered — appeal pending.

concurs in denial. While I’m not convinced that C.Cr.Pr. art. 363 bars habeas corpus as to matters which defendants could not practically have assigned as error in connection with his appeal, I concur inasmuch as applicant may just as expeditiously have his contentions entertained by filing his writ of habeas corpus anew fairly soon, in the event his conviction is affirmed on appeal.