
    Moses K. MURRAY, Appellant, v. The STATE of Florida, Appellee.
    No. 63-829.
    District Court of Appeal of Florida. Third District.
    June 30, 1964.
    Robert L. Koeppel, Public Defender, and W. Eugene Neill, Asst. Public Defender, for appellant.
    James W. Kynes, Jr., Atty. Gen., and Victor V. Andreevsky, Asst. Atty. Gen., for appellee.
    Before BARKDULL, C. J., and CARROLL and HENDRY, JJ.
   PER CURIAM.

The State having filed a motion to quash and it appearing that the appellant is not presently incarcerated under the sentence complained of in his petition for relief under Criminal Procedure Rule 1, F.S.A. ch. 924, Appendix, the motion to quash be and the same is hereby granted upon the authority of- McCormick v. State, Fla.App.1964, 164 So.2d 557, (opinion filed June 2, 1964).

Motion granted and appeal quashed.  