¶1 The showing made upon the allegations of the petition, of which Judge Clement could take cognizance or had authority to hear, *330 was not sucb as to call for a favorable exercise of the court’s jurisdiction or to invoke its aid in behalf of the defendant. The petition was properly denied.
¶2 The motion to docket and dismiss or dismiss the appeal will be allowed on authority of S. v. Lea, ante, 316.
¶3 Motion allowed.