378 U.S. 575

84 S.Ct. 1933

12 L.Ed.2d 1041

Harry Carson McNERLIN
v.
Wilfred L. DENNO, Warden.

No. 1117, Misc.

Supreme Court of the United States

June 22, 1964

Richard J. Medalie, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, first Asst. Atty. Gen., and Ronald J. Offenkrantz, Asst. Atty. Gen., for respondent.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Second Circuit.

PER CURIAM.

1

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment of the United States Court of Appeals for the Second Circuit is vacated and the case is remanded for further proceedings not in conformity with the opinion of this Court in Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774.

2

Mr. Justice BLACK, Mr. Justice CLARK, Mr. Justice HARLAN and Mr. Justice STEWART dissent for the reasons stated in their dissenting opinions in Jackson v. Denno, supra.