Summary
In Dove, we overruled Durham only "[t]o the extent that [Durham] may be inconsistent with" our disposition in Dove, 423 U.S., at 325.
Summary of this case from Mintzes v. BuchanonOpinion
No. 75-543.
Decided January 19, 1976.
Petitioner's death pending review by certiorari requires dismissal of petition. Durham v. United States, 401 U.S. 481, overruled.
Certiorari dismissed. See 506 F.2d 1398.
The Court is advised that the petitioner died at New Bern, N.C., on November 14, 1975. The petition for certiorari is therefore dismissed. To the extent that Durham v. United States, 401 U.S. 481 (1971), may be inconsistent with this ruling, Durham is overruled.
It is so ordered.
MR. JUSTICE WHITE dissents.